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City Council Packet - 01/09/2018
IN $ " City of Tigard Tigard Business Meeting—Agenda TIGARD® TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD AND TOWN CENTER DEVELOPMENT AGENCY Revised 1/9/18 to add Agenda Item 2-i3 Lpdate from Police Chief MEETING DATE AND TIME: January 9,2018 -6:30 p.m. Study Session;7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available,ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be beard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-718-2419, (voice) or 503-684-2772 (IDD -Telecommunications Devices for the Deaf). Upon request,the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-718-2410 (voice) or 503-684-2772 (IUD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http://live.tigard-or.gov CABLE VIEWERS:The regular City Council meeting is shown live on Channel 28 at 7:30 p.m.The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. 11 City of "Tigard 1 TIGARD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD AND TOWN CENTER DEVELOPMENT AGENCY Revised 1/9/18 to add Agenda Item 2-D Update from Police Chiei MEETING DATE AND TIME: January 9,2018 - 6:30 p.m. Study Session;7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard -Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 6:30 PM •STUDY SESSION A. REVIEW THE PROPOSED LAKE OSWEGO-TIGARD WA 1'ER PARTNERSHIP OPERATIONS PLAN 6:30 p.m. estimated time B. RECEIVE UPDATE ON PROPOSED LAKE OSWEGO-TIGARD WATER PARTNERSHIP REMAINING PROPERTY BUY-IN 6:40 p.m. estimated time COUNCIL LIAISON REPORTS 6:55 p.m. estimated time •EXECUTIVE SESSION:The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed.No Executive Session may be held for the purpose of taking any final action or making any final decision.Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication .rr B. Tigard High School Student Envoy C. Tigard Area Chamber of Commerce D. Update from Police Chief McAlpine E. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) These items are considered routine and may be enacted in one motion without separate discussion.Anyone may request that an item be removed by motion for discussion and separate action. Motion to: A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics •Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council/City Center Development Agency has voted on those items which do not need discussion. 4. LOCAL CONTRACT REVIEW BOARD -CONSIDER PURCHASE OF PUBLIC WORKS TRUCK CHASSIS 7:35 p.m. estimated time 5. DISCUSS THE CITY'S 2018 FEDERAL AND STATE LEGISLATIVE PRIORITIES 7:45 p.m. estimated time 6. COUNCIL CONSIDERATION OF INTERGOVERNMENTAL AGREEMENT BETWEEN TCDA AND CITY 8:05 p.m. estimated time CONVENE TOWN CEN 1'ER DEVELOPMENT AGENCY- 7. TCDA BOARD CONSIDERATION OF IN 1'LRGOVERNMENTAL AGREEMENT BETWEEN TCDA AND CITY 8:25 p.m. estimated time RECONVENE CITY COUNCIL 8. EXECUTIVE SESSION:The Tigard City Council will go into Executive Session to review and evaluate,pursuant to standards,criteria,and policy directives adopted by the governing body,the employment-related performance of the city manager,under ORS 192.660(2) (i).All discussions are confidential and those present may disclose nothing from the Session.Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed.No Executive Session may be held for the purpose of taking any final action or making any final decision. 8:35 p.m. estimated time 9. NON AGENDA ITEMS 10. ADJOURNMENT 9:20 p.m. estimated time 1111 a City of Tigard = Tigard City Council Meeting Agenda TIGARD January 9, 2018 CITY COUNCIL STUDY SESSION A. REVIEW THE PROPOSED LAKE OSWEGO-TIGARD WATER PARTNERSHIP OPERATIONS PLAN 6:30 p.m. estimated time Utility Manager Goodrich will present this item. B. RECEIVE UPDATE ON PROPOSED LAKE OSWEGO-TIGARD WATER PARTNERSHIP REMAINING PROPERTY BUY-IN 6:40 p.m. estimated time Utility Manager Goodrich will present this item. C. COUNCIL LIAISON REPORTS 6:55 p.m. estimated time The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Sessions may be held for the purpose of taking any final action or making any final action or making any final decision. Executive Sessions are closed to the public. Administrative Items (City Manager Wine): 1. New Date: February 12, 2018—City Council Winter Outreach at Summerfield Clubhouse (6-8pm) —Suggested format 2. Report on Clackamas water decision Council Meeting Calendar January 2* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 9* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 16* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 23* Tuesday Council Business Meeting—6:30 p.m.,Town Hall February 6* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 7 Wednesday State of the City Address— 6-8 p.m. —Broadway Rose Theatre 12 Monday Council Winter Outreach—6:00 p.m.—8:00 p.m.,Summerfield Clubhouse 13* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 20* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 27* Tuesday Council Business Meeting—6:30 p.m.,Town Hall March 6* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 13* Tuc3day Council Businc3s Mccting CANCELLED 20* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 27* Tuesday Council Business Meeting—6:30 p.m.,Town Hall Regularly scheduled Council meetings are marked with an asterisk(*) AIS-3341 A. Business Meeting Meeting Date: 01/09/2018 Length (in minutes): 10 Minutes Agenda Title: Review the proposed Lake Oswego-Tigard Water Partnership Operations Plan Prepared For: John Goodrich,Public Works Submitted By: John Goodrich,Public Works Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Mtg- Study Sess. Public Hearing: No Publication Date: Information ISSUE Receive the proposed Lake Oswego-Tigard Water Partnership Operations Plan. STAFF RECOMMENDATION /ACTION REQUEST Staff briefing for council discussion and direction. KEY FACTS AND INFORMATION SUMMARY INTRODUCTION/BACKGROUND On August 6,2008, the cities of Lake Oswego and Tigard entered into an Intergovernmental Agreement ("Agreement") creating the Lake Oswego-Tigard Water Partnership ("Partnership").Among other obligations created by the Agreement,Article XII,Paragraph 12.1 stipulates in part"Not later than 180 days from the date of substantial completion of the Initial Expansion, the Parties shall adopt an Operations Manual for the Supply Facilities...". Substantial completion of the Supply Facilities was achieved on May 24,2017. DISCUSSION Pursuant to the Article XII,Paragraph 12.2,an Operations Committee was formed and tasked with development of the Operations Manual("Plan"). A final draft of the Plan was presented to the Oversight Committee ("OVC") at its October 18,2017 meeting. An executive summary of the Plan was shared with the OVC along with a recommendation from the Operations Committee that the OVC endorse the Plan and forward the Plan to each respective city council with a"do pass" recommendation for adoption.The OVC concurred with Operations Committee staff resulting in the information and action request before the Tigard Council. OPERATIONS PLAN SUMMARY The Operations Plan includes a description of the supply facilities and defines how the facilities will be operated and maintained and how the Supply Facilities Manager and staff will report back to the partners. The plan contains descriptions of daily operational standards and water quality goals,internal and external communications protocol,and emergency procedures including water curtailment. The plan provides protocol for staff to follow in the event of a service disruption,changes in operating hours or a change or exceedance in water quality goals. Appendices to the Operations Plan include critical documents such as the Partnership IGA,land and easements,links to the Asset Management Database and Electronic Operations and Maintenance Manual,and permits and other requirements for the partnership facilities. OPERATIONS PLAN TEAM The Operations Plan was produced by a team of Technical and Operations Committee Members and Partnership Staff. The Operations Plan team met periodically through the duration of the construction project to discuss ongoing facility operations and coordination between Lake Oswego and Tigard. RECOMMENDATIONS The Oversight Committee,created by the Agreement,has reviewed the Plan and recommends it be adopted by the Parties. Lake Oswego City Council considered and enacted adoption of the Plan during a regular meeting on December 5,2017. Staff will bring forward a proposed resolution to Tigard City Council adopting the Operations Plan for the Lake Oswego-Tigard Water Partnership during the business meeting scheduled on January 23,2018. OTHER ALTERNATIVES Council may consider directing staff not to bring forward a resolution adopting the Operations Plan for the Lake Oswego-Tigard Water Partnership. In that event,the Plan would be remanded back to the Oversight Committee for discussion and action. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Not applicable. DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time before council to consider adopting the Lake Oswego-Tigard Water Partnership Operations Plan. Fiscal Impact Fiscal Information: No Fiscal Impact Attachments Operations Plan Operations Plan Resolution 0 Lake Oswego • Tigard Water Partnership sharing water•connecting communities Lake Oswego-Tigard Water Partnership Operations Plan Table of Contents (11/29/2017) INTRODUCTION II. PURPOSE OF MANUAL III. DEFINITIONS IV. SUPPLY FACILITIES A. River Intake Pump Station (RIPS) B. Raw Water Pipeline (RWP) C. Water Treatment Plant (WTP) D. Finished Water Pipeline (FWP) E. Waluga Reservoir No. 1 (WR1) F. Waluga Reservoir No. 2 (WR2) G. Bonita Pump Station (BPS) H. Aquifer Storage/Recovery (ASR) I. Appurtenances J. West Linn/LO/Tigard Emergency Intertie Pump Station V. LAND AND EASEMENTS—See Appendix B VI. SUPPLY FACILITIES OPERATIONS A. Managing Agency a. Authorities b. Communications c. Interruptions to Service d. Supply to Tigard e. Emergency supply f. Supply to/from Others 1 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 g. Water Quality h. Energy Efficiency i. Hours of Operations j. Curtailment VII. INSPECTION AND MAINTENANCE A. Objectives a. Extended life cycle b. Safety c. Reliability d. Performance VIII. SPECIFICATIONS AND STANDARDS IX. RECORDS AND REPORTING X. TECHNOLOGY XI. PURCHASING PROCEDURES XII. PERSON ELL POLICIES XIII. APPENDICES A. Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction, and Operation. a. Amendment No. 1 b. Amendment No. 2 c. Amendment No. 3 d. Amendment No. 4 B. Lands and Easements. C. Supply Facilities Map. D. WR1/WR2 —Valve positions for modes of operation. E. Master list of wholesale and emergency supply agreements. F. PGE/Enernoc Agreement. G. PGE Alternate Service Agreements. a.WTP b. RIPS H. West Linn/Lake Oswego/Tigard Emergency Intertie Agreement. 2 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 I. Communications Plan a. Internal b. External J. WES Industrial Discharge Permit K. DEQ 2001 Backwash Water NPDES Discharge Permit L. Hazardous Materials Management Plan 3 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT- 11/29/2017 I. INTRODUCTION This Operations Manual has been prepared and adopted to meet the requirements of Article XII of the Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction, and Operation.1 II. PURPOSE OF MANUAL This Operations Manual establishes standards and protocols for the supply of water from the Supply Facilities to the retail and wholesale customers of the Party's to the Agreement in addition to generally accepted utility operations best management practices for all aspects of the Supply Facilities. OPERATIONS COMMITTEE City of Lake Oswego: Primary: Kari Duncan Water Treatment Plant Manager Secondary: Kevin Batridge Assistant Water Treatment Plant Manager City of Tigard: Primary: John Goodrich Public Works Manager Secondary: Aaron Beattie Water Operations Supervisor III. DEFINITIONS 1.1 Definitions As used in this Operations Plan, the following terms when capitalized shall have the following meanings: 1.1.1 Agreement — the document also known as "Intergovernmental Agreement Between Lake Oswego and Tigard Regarding Water Supply Facilities, Design, Construction, And Operation" and any amendments thereto. 1.1.2 Capacity — capability from the various components of the Supply Facilities to produce or deliver water; measured in cubic feet per second (cfs), gallons, gallons per day (gpd), gallons per minute (gpm), million gallons per day (mgd), or other comparable measurement and available based on current operating conditions consistent with generally accepted engineering and operating practices. 1.1.3 Curtailment Plan — A written plan developed for curtailment of water service in accordance with OAR Chapter 690 Division 86 rules. Lake Oswego's Curtailment Plan was adopted through Ordinance 2517. 1 See Appendix A. 4 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 1.1.4 Demand — the amount of water used or projected to be used by a Party and imposed on the Supply Facilities to serve a Party's Retail Customers, its existing Wholesale Customers and ultimate service area measured in cubic feet per second (cfs), gallons, gallons per day (gpd), gallons per minute, (gpm), million gallons per day(mgd), or other appropriate measurement. 1.1.5 Existing Wholesale Customers — for Lake Oswego these are Lake Grove Water District, River Grove Water District, Skylands Water Company, Glenmorrie Water Cooperative, and Alto Park Water District. For Tigard, these are the cities of King City and Durham and the Tigard Water District. 1.1.6 Fiscal Year—the time period as defined under ORS 294.311(17). July 1—June 30. 1.1.7 Planning Forecast — the document submitted by the Parties in accordance with Article 8.2 of the Agreement which shows the Demands of each Party to be imposed on the Supply Facilities and the Capacity owned or leased by each Party in such facilities. 1.1.8 Summer Period—June 1 through October 31. 1.1.9 Supply Facilities — the facilities utilized by the Parties consisting of Water Treatment Plant Facilities, Transmission Facilities, Water Storage Facilities, and other facilities necessary for treatment and conveyance of potable water to the Parties. A map of the Supply Facility components is provided in Appendix C. 1.1.10 Surface Water Rights — those water rights held by Lake Oswego registered with the State of Oregon Water Resources Department, which allow for diversion of water for use at the Water Treatment Plant Facilities. 1.1.11 Winter Period—November 1 through May 31. 5 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 IV. SUPPLY FACILITIES DESCRIPTION A. RIVER INTAKE PUMP STATION (RIPS) Physical address: 105 E. Clackamas Blvd., Gladstone, OR 97027. Lat: 45°, 22', 39.80" N; Long: 122°, 35', 31.77" W. General facility description: Reinforced concrete construction with access-bridge rated for 120,000 lb crane support (see Crane Load detail below). Pump arrangement: 4 vertical turbine pumps with variable frequency drives (space provided for future 5th pump/VFD); 480v, 3 phase, 60 Hertz. Electrical service includes 13kV primary service (Jennings Lodge sub-station) and fully redundant 13kV secondary service (Abernethy-Clackamas Heights sub-station). Current nominal capacity—32 mgd; Current firm capacity @ rated head—28.5 mgd (19,800 gpm) Future nominal capacity— 38 mgd; Future firm capacity @ rated head —38 mgd (26,400 gpm) Reference Documents: Work Order#204—Construction record drawings and specifications. Agreement for Alternate Electrical Service (see Appendix G). Pump Removal SOP (template name: RIPS-T05-L02-PumpRemoval.doc). THE BRIDGE IS DESIGNED FOR THE FOLLOWING LIVE LOADING IN ACCORDANCE WITH THE 2010 AASHTO LRFD BRIDGE DESIGN SPECIFICATIONS (5TH EDITION). ALL LIVE LOADS INCLUDE A 33' IMPACT FACTOR, SERVICE AND STRENGTH-I LIMIT STATES: • HL-93: DESIGN TRUCK (OR TRUCKS PER !RFD 3.6.1.3) OR THE DESIGN TANDEMS AND THE DESIGN LANE LOAD. STRENGTH-II LIMIT STATE: • BRIDGE DESIGNED FOR THE FOLLOWING CRANE PICKING SCENARIOS. MAXIMUM OUTRIGGER LOADS NOT TO EXCEED THE FOLLOWING: ooO* dQ� (30K MAX. CONCURRENT LOAD) 2'-0' MIN. DIAMETER 0' (50K MAX. LOAD ANY PAD) w n R-q0.-0. R=60' 0° a `? O N N N Y 11 -0".= -0 (30K MAX. CONCURRENT LOAD) 50 TON CRANE LOADS NO SCALE 6 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 B. RAW WATER PIPELINE (RWP) RIPS to Meldrum Bar Park 7,668 feet of 48-inch diameter, double lap welded steel pipe. 0.25" wall thickness, polyurethane coating, cement mortar lined. Working pressure: 100 psi; working pressure with surge allowance: 150 psi. Meldrum Bar Park to Mary S. Young Park 3,930 feet of 36-inch diameter, butt welded steel pipe. 0.625" wall thickness, polyurethane lining and coating. Working pressure: 150 psi; working pressure with surge allowance: 225 psi. Mary S. Young Park to WTP 1,488 feet of 46-inch diameter, double lap welded steel pipe. 0.25" wall thickness, polyurethane coating and cement mortar lining. Working pressure: 100 psi; working pressure with surge allowance: 150 psi. Reference Documents: Work Order#205 —Construction record drawings and specifications. Also see Section 8 "Appurtenances". C. WATER TREATMENT PLANT (WTP) Physical address: 4260 Kenthorpe Way, West Linn, Oregon 97068. Lat: 45°, 23', 08.64" N; Long: 122°, 37', 55.75" W. General facility description: Conventional water treatment facility with ballasted sedimentation, ozone, high rate granular activated carbon filtration and 2 million gallon buried clearwell. Pump arrangement: 5 vertical turbine pumps: 2 constant speed, 3 with variable frequency drives (space provided for future 6th pump with RVSS). 2 vertical turbine backwash pumps with variable frequency drives. All pumps 480v, 3 phase, 60 Hertz. Electrical service includes 12.47kV primary service (Sullivan- Robinwood sub-station) and fully redundant 12.47kV secondary service (Oswego-Marylhurst sub-station). Current nominal capacity—39 mgd; firm capacity @ rated head —31.4 mgd (21,800 gpm) Future nominal capacity—47 mgd; firm capacity @ rated head —39 mgd (27,250 gpm) Reference Documents: Work Order#206—Construction record drawings and specifications. Agreement for Alternate Electrical Service (see Appendix G). WL/LO/Tigard emergency intertie Agreement (see Appendix H). WES Industrial Discharge Permit (see Appendix 1). 7 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 DEQ 200J Backwash Water NPDES Discharge Permit. (see Appendix K) Hazardous Materials Information System (HMIS)/Hazardous Materials Management Plan (HMMP). (see Appendix L) OMS Connect Electronic Operations and Maintenance Manual for the Lake Oswego Tigard Water Partnership. INFOR Configured Assets Asset Management Database for the Lake Oswego Tigard Water Partnership. HACH WIMS, Water Information Management System, Water Quality Database. D. FINISHED WATER PIPELINE (FWP) WTP to Laurel St. @ Erickson St. 12,877 feet of 48-inch diameter, double lap welded steel pipe. 0.25" wall thickness, polyurethane coating, cement mortar lined. Working pressure: 145 psi; working pressure with surge allowance: 225 psi. Laurel St. @ Erickson St. to Iron Mtn. Blvd. @ Mulligan St. 13,308 feet of 42-inch diameter, double lap welded steel pipe. 0.25" wall thickness, polyurethane lining and cement mortar lined. Working pressure: 150 psi; working pressure with surge allowance: 225 psi. Iron Mtn. Blvd. @ Mulligan St. to Quarry Rd. @ Douglas Way. 11,154 feet of 36-inch diameter, double lap welded steel pipe. 0.25" wall thickness, polyurethane coating and cement mortar lining. Working pressure: 133 psi; working pressure with surge allowance: 200 psi. Quarry Rd. @ Douglas Way to Waluga Reservoir#1. 1,285 feet of 24-inch diameter, pressure class 150, ductile iron water main with joint restraint. Asphaltic exterior coating with polyethylene encasement, double thick cement mortar lining with asphaltic seal coat. Working pressure: 150 psi; working pressure with surge allowance: 250 psi. Waluga Reservoir#1 to Bonita Road Pump Station 626 feet of 30-inch and 1,832 feet of 24-inch diameter, pressure class 150, ductile iron water main with joint restraint. Asphaltic exterior coating with polyethylene encasement, double thick cement mortar lining with asphaltic seal coat. Working pressure: 150 psi; working pressure with surge allowance: 250 psi. Reference Documents: Work Order#207—Construction record drawings and specifications. 8 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 E. DISTRIBUTION STORAGE (WR1 &WR2) Physical address: 4800 Carman Drive, Lake Oswego, OR 97035. Lat: 45°, 24', 50.32" N; Long: 122°, 43', 30.73" W. General facility description: Waluga #1 - Circular, pre-stressed wire wrapped and post tensioned reinforced concrete reservoir constructed in 1981.The reservoir is approximately 192-feet in diameter and approximately 20-feet deep from floor to the overflow. Capacity when full is 4 MG. Waluga #2 - Circular, pre-stressed wire wrapped and post tensioned reinforced concrete reservoir constructed in 2014. The reservoir is approximately 131-feet in diameter and approximately 34-feet deep from floor to the overflow. Capacity when full is 3.5 MG. Reference Documents: Work Order#208—Construction record drawings and specifications. Reservoir isolation SOP (see Appendix D). F. BONITA PUMP STATION (BPS) Physical address: 14344 SW Milton Ct., Tigard, Oregon 97223 Lat: 45°, 24', 58.11" N; Long: 122°, 45', 1.45W. General facility description: Reinforced concrete and cement masonry unit construction. Dual pressure zone pumping capability as follows: Pressure Zone (PZ) 470—VTP 10, 20, 30, and 40: Vertical turbine diffusion vane pumps with variable frequency drives; rated capacity of 2,550 gpm @ 235 feet of dynamic head. 250 HP, 480v, 3 phase, 60 Hertz. Pressure Zone (PZ) 410—VTP 60, and 50 (future): Vertical turbine diffusion vane pumps with variable frequency drives; rated capacity of 3,130 gpm @ 180 feet of dynamic head. 200 HP, 480v, 3 phase, 60 Hertz. Electrical supply— Primary supply from PGE. Alternate supply: Diesel engine generator—800kW with 2,200 gallon sub-base tank and automatic transfer switch. Generator is sized to run heating and cooling equipment and to operate two PZ 470 and one PZ 410 VTP's. Reference Documents: Work Order#209—Construction record drawings and specifications. 9 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 7. AQUIFER STORAGE RECOVERY (ASR) SYSTEM The City of Tigard ("Tigard") developed an ASR program beginning in 2002 with the ASR-1 well system located in the 410 Pressure Zone ("PZ"), and adding increased capacity in ASR-2 well system, located in the 470 PZ in 2006. Tigard has operated the program for 13 years to provide supplemental peak water supply. Tigard has partially developed a third ASR well system in the 550 PZ, scheduled for completion before 2020. The ASR well systems design concept is using excess winter finished water supply to inject into ground water aquifers ("Aquifer") for short-term storage ("Storage"). Stored water ("Recovery") is pumped from the aquifer into the distribution system to provide supplemental water for peak day demand. Water quality and aquifer level monitoring are required under the limited license agreement with Oregon Water Resources Department (OWRD). Under normal operations, the system is cycled from recovery to storage through injection, and then recovery again. However, with the new water treatment plant expansion and water supply system upgrades constructed under the auspices of the Lake Oswego-Tigard water partnership, ASR is taking on a different role as an emergency supplemental water supply system. Emergency supply would be necessary to supplement loss of capacity due to diminished plant capacity or river intake diversions (conditional water rights use). Tigard also has perfected groundwater rights within the aquifer that allow up to 1,634 gpm duty recovery or about 2,35 mgd. These are in conjunction with ASR stored water. Based on this,Tigard has the ability to pump a minimum of 1,634 gpm in "native" ground water. Tigard has one well located in the 410 PZ built in 1948, and capable of about 400 gpm or 0.6 mgd. Tigard does not have any other "dedicated" well water only pump units. ASR-1 System Specifications: Single ASR well pump and injection system, with maintenance chlorination using 12.5% commercial product hypochlorite in 40-gallon transportable container and single pulse pump. • Injection rate (using small booster pump) is 600 gpm • Storage capability of about 100 million gallons; 143 million gallons achieved in 2004 • Recovery rate (using well turbine pump) is 1,000 gpm or about 1.4 mgd • Requires water quality sampling prior to "start-up" —Tigard may begin routine monitoring to enable faster emergency response time. • Emergency Power provided by on site system. ASR-2 System Specifications: Single ASR well pump and injection system, with maintenance chlorination using on site hypochlorite generator (salt system) in batch container and dual pulse pump. • Injection rate is 600 to 1,200 gpm. • Storage capability of about 200 million gallons; 201 million gallons achieved in 2012. • Recovery rate (using well turbine pump) is 1,400 gpm or about 2 mgd. 10 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 • Requires water quality sampling prior to "start-up" —Tigard may begin routine monitoring to enable faster emergency response time. • Emergency Power provided by on site system. ASR-3 System Specifications: • Single ASR well drilled and tested. • Pump tests indicated recovery response at about 1,400 gpm. • Similar building and equipment as constructed at ASR-2 well system. • Project completion scheduled in 2020. • Emergency Power included in design parameters. 2016 ASR Groundwater Capacity: ASR-1: 1,000 gpm— 1.4 mgd. ASR-2: 1,400 gpm — 2.0 mgd. Well 2: 400 gpm - 0.6 mgd. TOTAL:2,800 gpm—4.0 mgd. 8. APPURTENANCES o Impressed current cathodic protection system —(see e0M template https://lo- oms.ci.oswego.or.us/#6864906.) o Combination air vacuum/air release valves (see e0M template https://lo- oms.ci.oswego.or.us/#7006001.) o Drain assemblies (see e0M template https://lo-oms.ci.oswego.or.us/#7006001.) o Seismic safety valve (WR2) (see e0M template https://lo- oms.ci.oswego.or.us/#5226608.) 9. OTHER ASSETS o Emergency intertie pump station V— LAND AND EASEMENTS: See Appendix B. VI—SUPPLY FACILITIES OPERATIONS A. Managing Agency The Supply Facilities described herein and graphically depicted in Appendix C, shall be operated by the City of Lake Oswego for the exclusive benefit of the citizens of Lake Oswego and Tigard and their respective wholesale customers. In the performance of its duties established in this Operations Manual, the Managing Agency shall adopt and implement best utility practices to assure economy of operation, longevity of life-cycle performance and mitigation of supply shortfall risks. a. Authority of Managing Agency -To achieve its water supply objectives, the Managing Agency shall have the authority to: 11 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 1. Temporarily interrupt normal supply service for the purposes of inspection, maintenance, repair or replacement of the Supply Facilities. 2. Enter into contracts for services relating to the operation, inspection, maintenance, repair or replacement of the Supply Facilities. 3. Supply surplus water to existing wholesale customers. 4. Supply emergency water to others if available. 5. Create, modify or adjust treatment techniques or processes as necessary for compliance with all relevant drinking water regulations and standards. 6. Create, modify or adjust supply operations as necessary for compliance with the following federal and state regulatory documents: i. Biological Opinion, NWR-2012-1675,July 18, 2013; titled "Endangered Species Act Biological and Conference Opinion and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation for the Lake Oswego-Tigard Water Supply Project, Willamette River (HUC 170900120104), Gladstone, Clackamas County, Oregon (Corps No.: NWP-2012-105." ii. Final Order in the Matter of Lake Oswego Water Use Permits S-32410 and 5- 37839, Oregon Water Resources Department, April 20, 2011. 7. The annual effective dates during which diversions at the River Intake Pump Station may be reduced to achieve compliance with the above regulations are as follows: i. Biological Opinion - First Period: August 21 through September 15; Second Period: September 15 through September 30. ii. Final Order- First Period: the day after the first Monday in September through June 30; Second Period: July 1 through the first Monday in September. b. Communications-The Managing Agency has developed communications and reporting protocols for a variety of anticipated conditions or events including: 1. Normal operating conditions. 2. Non-normal operating conditions. 3. Emergency operating conditions. The communications and reporting plan is incorporated as Appendix Ito this Plan. c. Interruptions to Service— Minimize frequency and duration of interruptions in supply through vigilance and sustained preventative maintenance efforts. Interruptions to supply service may occur for a variety of reasons including: 1. Planned inspections, maintenance or repairs. 12 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 2. Corrective or emergency inspections and repairs. 3. Regulatory restrictions or constraints. 4. Emergency supply to others. 5. Acts of God. At a minimum, the following agencies must be notified of planned or unplanned supply interruptions: • Tualatin Valley Fire & Rescue. • Cities of Tigard, West Linn and Lake Oswego (Public Works Departments). • Lake Oswego Fire Department. • Lake Oswego Communications (LOCOM). In the event of an interruption to water supply service, the Managing Agency will implement the appropriate communication protocol. Unless the interruption to supply service results from an unanticipated event or act or an emergency, the Managing Agency shall provide not less than 72-hours advance notice of the interruption to affected parties.The notice will include the following details: 1. Cause for the service interruption. 2. Anticipated duration of the interruption. 3. Estimated date/time for resumption of water service. 4. Special instructions to affected parties to facilitate the interruption and later resumption of service. d. Supply to Tigard—The Managing Agency shall operate the Supply Facilities in a manner that provides for a continuous supply of potable water to the City of Tigard via the Waluga Reservoir complex and Tigard's Bonita Road Pump Station.The total storage volume of Waluga Reservoir No. 2 is 3.5 million gallons (MG) of which 1.8 MG is allocated for the exclusive use of Tigard. Refer to Appendix D for valve positions for the following modes of reservoir operations: 1. WR1/WR2 in service — Normal operating mode. 2. WR1 in service/WR2 out of service. 3. WR1 out of service/WR2 in service. 4. Emergency supply from Tigard —WR1/WR2 in service. e. Emergency Supply—The City of Lake Oswego maintains intersystem connections with other water suppliers. Supply of water to or receipt of water from others on an emergency basis is subject to availability and the terms of the emergency supply agreements. f. Non-emergency Supply to/From Others—The City of Lake Oswego has entered into wholesale water supply agreements with the following agencies: 1. Rivergrove Water District (RGWD). 2. Lake Grove Water District (LGWD). 3. Skylands Water Company (SWC). 4. Glenmorrie Water Cooperative (GWC). 13 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 5. Alto Park Water District (City of Portland). Rivergrove, Skylands, and Glenmorrie are groundwater systems of limited quantity and quality. Lake Oswego and Portland supply Lake Grove water on a wholesale basis, with each supplying about 50% of Lake Groves annual supply volume. Supply of water to the above agencies is subject to availability of surplus treated water capacity. Due to hydraulic constraints or limited supply capacity, RGWD, SWC, GWC, and City of Portland have not historically supplied water to Lake Oswego. Appendix E, is a tabulation of information concerning each of the above agencies and their respective agreements for receiving surplus water from the Lake Oswego distribution system. This document should be reviewed annually and updated as necessary. PGE/ ENERNOC Demand Response Program—The City of Lake Oswego participates in the PGE/ENERNOC demand response program. This is a voluntary program where large power users are asked to curtail their use during several (2-3) peak demand events in the summer and winter. Prior notification is given and if sufficient storage is available the Partnership can elect to participate in the program by shutting down or cutting back pumping at the RIPS, WTP and Bonita Pump Station.The City would be paid per Kwh for the amount of power use curtailed during each event and can make up the difference in use before and after the event. Refer to Appendix F for the terms and duration of the Enernoc Agreement. g. Water Quality—The Partnership owns a state-of-the-art water treatment facility capable of treating and delivering up to 32 million gallons per day(mgd) of drinking water to Lake Oswego and Tigard residents. In Table 1 below, minimum water quality standards are listed along with partnership goals. In the event treated water quality does not satisfy LOTWP goals at the locations specified in table 1, notification will be made to each partner explaining the circumstances along with a plan for correction of the excursion including required modification of operations and/or additional resources. Where no standard of goal is given, the EPA and State Regulatory limits are the goal. 14 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 TABLE 1 Water Quality Goals Water Quality Units EPA/OHA LOTWP Note Parameter Standard Treatment Goal Total/fecal coliform #1100 mL 0% positive leaving WTP Turbidity CFE NTU < 0.3 95%of < 0.195%of the Follow OHA (Combined Filter time, Always< time, Always < Optimization Effluent) 1.0 0.3 Goals Turbidity IFE NTU <0.3 for 15 <0.2 for 15 (Individual Filter minute minute intervals Effluent) intervals Turbidity Settled NTU None < 2.0 95%of the time Cl2 mg/L >0.2 at entry >0.5, target As agreed upon point, < 4.0 0.8-2.0 by Operations Committee Pathogen 4-log 4-log Removal/Inactivation Viruses Giardia 3-log 3-log Cryptosporidium 2-log 2-log Disinfection by- Ug/L LRAA 80 LRAA< 60 product Trihalomethanes Haloacetic Acids ug/L LRAA 60 LRAA< 40 Bromate ug/L 10 10 Synthetic Organic ug/L Varies < MCL Chemicals Volatile Organic ug/L Varies < MCL Chemicals Inorganic Chemicals ug/L Varies < MCL Unreg(AL, B, Mn,Ag, mg/L Varies < Secondary V,Zn) MCL 0.2 pH Secondary 7.8 target, Based on lead MCL 6—8.5 allowed range and copper of 7.2-8.5 optimization Alkalinity mg/L CaCO3 18-30 Algal Toxins Unregulated Follow Increase Ozone State/EPA Dose if Toxin is guidance for detected in Algal Toxins source water 15 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT- 11/29/2017 ENERGY EFFICIENCY Wherever possible the operations team will run the facilities in the most energy efficient manner. This may involve running for the longest possible hours at the lowest flow rates, taking advantage of off peak pumping hours, and maintaining equipment so that it performs optimally. The Partnership operations should strive to run the facilities for optimum energy efficiency within reasonable staffing parameters. ASR INJECTION Tigard shall operate its ASR system in a manner that will allow for emergency supply in the event of a water curtailment requirement or trigger...lf Tigard uses ASR water to mitigate for a curtailment event, then LO will share the cost of this water. HOURS OF OPERATION The RIPS, WTP and Bonita Pump station shall be operated in a manner which meets daily water demands and Storage requirements of both Tigard and Lake Oswego in a manner agreed upon by all members of the Operations Committee. Operating hours and staff schedules will be in conformance with the Lake Oswego Municipal Employees Association and/or all other employee contracts in effect. A planned change in operating hours of RIPS, WTP or Bonita Pump Station must be noticed and agreed upon verbally by members of the Operations Committee one week in advance of the change unless an emergency or an ENERNOC demand response event. In the event of an ENERNOC demand response event, notification may be less than one week but participation in the event must still be mutually agreed upon by members of the Operations Committee. CURTAILMENT In accordance with Article XII, paragraph 12.3 of the Partnership Agreement, the partners, (Lake Oswego and Tigard) agree to share in temporal reductions in diversions due to low river flow conditions. Additionally, pending conditions of approval expected to be issued in conjunction with the issuance of water right permit extensions as well as each partners "Water Management and Conservation Plan" will address this issue. The Partners also agree to apply the same curtailment conditions and strategies to current wholesale customers as the partners apply to their respective retail customer base. 16 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 In practice,Tigard intends to use its ASR (Aquifer Storage and Recovery) capacity to mitigate any extended flow reductions from the LOT supply system to avoid the triggering of its level one curtailment condition. Depending on the size and duration of the diversion reduction,Tigard may be able to increase its ASR use to mitigate similar impacts in Lake Oswego and avoid triggering their level one curtailment conditions. In the above mentioned scenario where Tigard's additional ASR use benefits Lake Oswego, Tigard's additional costs will be calculated and submitted as a future credit to normal LOT operational expenses. VII. INSPECTION AND MAINTENANCE A. Objectives a. Extended life cycle b. Safety c. Reliability d. Performance Staff in charge of inspection and maintenance of the Partnership facilities should track and follow a preventative maintenance work management plan using a Computer Maintenance Management System (CMMS). All Assets provided as part of the Lake Oswego Tigard Water Partnership facilities project include preventative maintenance work schedules established in an Equipment Record Form. Work orders have been developed by WTP staff and will generate automatically when a piece of equipment is due for service. Readings and rounds lists are also developed that contain specific inspection requirements for facilities and equipment. IX. SPECIFICATIONS AND STANDARDS Planning, design, construction and operation of drinking water facilities is subject to a variety of federal, state and local codes, regulations and standards. It should be the responsibility of the Managing Agency to assess the applicability of such codes, regulations and standards when making planning, design, construction or operating decisions. Design and construction for new water system facilities shall comply with the following: • Oregon Standard Specifications for Construction —2018 or current edition; and • City of Lake Oswego General Conditions and Special Provisions for Construction; and • City of Lake Oswego Engineering Design Standards; and • Oregon Administrative Rules Chapter 333, Division 061 "Public Water Systems". 17 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 In the event of conflict between these regulations, codes and standards, the most stringent will apply. X. RECORDS AND REPORTING The managing agency shall maintain comprehensive treatment, water quality and maintenance records. Local, State and Federal regulatory reporting is listed in Table 2.. If the Managing agency fails to monitor in a timely manner and/or submit a report on time this must be brought immediately to the attention of the Operations committee and Partner agencies. Appropriate corrective action should be determined and followed by the managing agency. Table 2 Reports Report Due Date Frequency Receiving Agency Monthly Water Quality 10th of each Month Monthly Oregon DHS Report Bromine/Bromate 10th of each Month Monthly Oregon DHS Gladstone Sewer Last Day of each Discharge Report Month Bi-Monthly City of Gladstone WES Industrial Discharge Last Day of each Monthly Water Environment Services Report Month and City of West Linn Disinfection Byproducts Jan. Apr. Report TTHM's and Quarterly OR-DHS HAA5's (4) July, Oct. Consumer Confidence July 1 Annually Water Customers/ Oregon Reports DHS Annual Water Use Report December 31 Annually Oregon WRD Nitrate, Arsenic, VOC's December 31 Annually Oregon- DHS NPDES #200-J Discharge January 15 Annually Oregon DEQ Monitoring Report SOC's 2019/2021/2024 Every 3 Years / Oregon-DHS 2 Cons. Qtrs. 18 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT- 11/29/2017 Lead and Copper 2020/2023 June — Every Three Oregon-DHS Sept. Years Asbestos 2020 Every 9 Years OR-DHS Inorganic Chemicals 2022 Every 9 Years Oregon-DHS Radiological 2022 Every 9 Years Oregon-DHS LT 2 Cryptosporidium 10th of each Month Monthly Oct Oregon DHS 2016-Sept 2018 UCMR 4 2018-2020 2018-2020 US EPA (CDX System) Future Reports As released XI. TECHNOLOGY The Partnership recognizes the critical importance of security and appropriate use of technology in the operation of the water supply facilities. The Partnership and managing agency should follow all EPA and OHA guidelines and requirements for cybersecurity in the design, management and operation of the water control system (SCADA). For business technology systems, the Water Treatment Plant and supply facilities will use and follow the Information Technology policy and procedures of the Managing Agency. XII. PURCHASING PROCEDURES: Partnership staff will follow the Managing Agency Finance Policy and Procedures and the State of Oregon Public Procurement Requirements. 19 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 XIII. PERSONELL POLICIES All staff and managers that operate and maintain Partnership facilities will follow the Personnel Policies and Contract of the Managing Agency in full. The City of Lake Oswego Personnel Policy Manual: http://lo- webl.ci.oswego.or.us/private/HR/CityofLakeOswegoPersonnelPolicies.htm The Lake Oswego Municipal Employee Agreement Contract: http://www.ci.oswego.or.us/hr/labor-agreements . a. TRAINING AND DEVELOPMENT: The Partnership recognizes the importance of training and professional development for all employees. Continuing education related to certifications and licenses required for the position will be supported. Participation in professional organizations and professional development may be approved by the Manager as long as it does not place an undue burden on staff ability to perform their work. Partnership employees will follow The City of Lake Oswego Personnel Policy No. 3-5 "Courses, Classes, Seminars" and the LOMEA Article 24 "Training." 20 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 APPENDIX A INTERGOVERNMENTAL AGREEMENT INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES,DESIGN,CONSTRUCTION,AND OPERATION DATED .=ti( t i /1 ,2008 BETWEEN THE CITY OF LAKE OSWEGO AND THE CITY OF TIGARD C:\Documents and Settings\grecr\I oca i Settings\Temporary Internet Files\Cnntent.i)tnkrok112U82WYX1183U39.doe TABLE OF CONTENTS Page RECITALS ARTICLE I Definitions 3 ARTICLE n Warranties and representations of the Parties 11 ARTICLE III Management 12 ARTICLE IV System Ownership 19 ARTICLE V Property:Creation of Tenancy in Common 21 ARTICLE VI Design and Construction of Supply Facilities 24 ARTICLE VII Operation and Management 28 ARTICLE Viii Supply Facilities 32 ARTICLE IX Expansion Rights and Requirements 36 ARTICLE X Leasing 40 AR'T'ICLE XI Sales to Others 43 ARTICLE XII Operations Manual 44 ARTICLE XIII Withdrawal.Termination of Membership. Sale of Assets and Dissolution 46 ARTICLE XIV Dispute Resolution 51 ARTICLE XV Completion of Initial Expansion of the Supply Facilities 53 ARTICLE XVI Notices 54 ARTICLE XVII General Provisions 55 C.U)ocuments and Settings'tgrecrli.ocai Settings\l'emporaty Internet Fites‘Content.OutMok1121)$2WYX11S3R39.doe LIST OF EXHIBITS Exhibit I Existing Real Property, Supply Facility Components and Valuation Exhibit 2 Service Areas Exhibit 3 Map of Supply Facilities Exhibit 4 Surface Water Rights • Exhibit 5 Supply Facilities Capital improvement Program (to be adapted by Councils) Exhibit 6 Determination of Tigard Buy-In Exhibit 7 Allocation of System Improvement Costs to the Parties ii C Uk cumeMe and Sain m Local SdiinR.\i'tmpumty Internet l<Iles\Conteh.Outkxdk112DR2WYX\10039.dm This Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction, And Operation is dated . 2008 (the "Agreement"), by and between the City of Lake Oswego ("Lake Oswego"), an Oregon municipal corporation and the City of Tigard ("Tigard"), an Oregon municipal corporation. Lake Oswego and Tigard may also be referred to individually herein as a '`Party" and collectively as the"Parties." RECITALS WHEREAS. the City of Tigard operates a municipal water supply utility under ORS 225, with transmission, storage and distribution facilities to deliver potable water to Customers within the area of the Cities of Tigard,King City, Durham, and the remainder of the Tigard Water District; WHEREAS, the City of Lake Oswego operates a municipal water supply utility under ORS 225. which treats and distributes potable water to Retail Customers and sells water at wholesale to the Lake Grove Water District, the River Grove Water District. Skylands Water Company. Glenmorrie Cooperative Association and Alto Park Water District (the'Existing Wholesale Customers"); WHEREAS, Lake Oswego has existing water intake and water treatment facilities. transmission, storage facilities (hereinafter "Supply Facilities") together with distribution facilities and water rights; WHEREAS, the Supply Facilities require capital improvements to repair and replace existing assets and to construct new improvements,all at a significant cost; WHEREAS, Tigard desires to acquire an ownership interest in the Supply Facilities to obtain a permanent source of raw water and treatment facilities for potable Page I —Lake Oswego-Tigard Water Supply Agreement ('%Documents and Scttine terrU.oca1 SettinptTcmporary Internet FilealContcnt Outlook112DSZWYX115303'dee water and also needs to make capital improvements for storage and transmission facilities;and WHEREAS,the Parties jointly funded a study by Carollo Engineers known as the Lake Oswego and Tigard Joint Water Supply System Analysis dated July, 2007 ("Carollo Report'");and WHEREAS. the Parties agree that, based upon the Carollo Report, there are significant benefits by jointly taking action to perfect existing water rights, construct, repair, replace, expand and otherwise improve the Supply Facilities infrastructure necessary to supply that water to the Parties and to realize or mitigate potential environmental impacts and benefits;and WHEREAS, prior to the execution of this Agreement, the Parties worked in a collaborative, open. and participative manner to select an operating framework that best serves the needs of the Parties,and this Agreement incorporates those precepts: WHEREAS, the Parties agree that creation of this Intergovernmental Agreement and investment by the Parties shall provide the Parties with stability and local control over the source of supply, build ownership equity in the Clackamas River System. provide for flexibility in the use and allocation of water, provide for flexibility for management of water resources for enhanced costs and operation efficiency. create opportunities to share and trade staff resources, expertise and technological capabilities, and being fully advised. NOW, THEREFORE. in consideration of the mutual covenants and agreements contained herein,the Parties agree as follows: Page 2• Lake Oswego-Tigard Water Supply Agreement C U1..cumcnts and 5ettingslgreeaocal SettmgskTemporary Internet FiIcs'Content,Outlt ok1121)E2WYXU N3O39.doc ARTICLE I DEFINITIONS 1.1 Definitions As used in this Agreement, the following terms when capitalized shall have the following meanings: 1.1.1 agreement this Agreement 1.1.2 Book Depreciation Life - the years used to depreciate an asset in accordance with Generally Accepted Accounting Principles. 1.1.3 Capacity — capability from the various components of the Supply Facilities to produce or deliver water; measured in cubic feet per second (cfs). gallons, gallons per day (gpd), gallons per minute (gpm). million gallons per day (:ngd), or other comparable measurement and available based on current operating conditions consistent with generally accepted engineering and operating practices. 1.1.4 City of Lake Oswego - an Oregon Municipal Corporation in Clackamas, Multnomah, and Washington Counties. Oregon. 1.i.3 City of Tigard- an Oregon municipal corporation in Washington County, Oregon. 1.1.G Chickrm:a.s River Intake Pump Station -an existing structure comprised of a reinforced concrete building and all equipment and materials contained therein or any future expansion, modification or replacement thereof that allows water to he withdrawn from the Clackamas River and pumped through the raw water transmission line to the Water 'treatment Plant Facilities. The Clackamas River Intake Pump Station ownership and its Page 3- Lake Oswc ;o=Tigard Water Supply Agreement ('Ukwunttmt.and Mettuy krreerA cal Scttutp""empxaty Intrrnct Pi&Conant Outlook\12DR2WYX1183039,doc agreed value are more fully described in Exhibit 1 which, exhibit may he updated and revised by resolution of the Parties. 1.1.7 Curtailment Plan — A written plan developed for curtailment of water service in accordance with OAR Chapter 690 Division 86 rules. 1.1.8 Demand—the amount of water used or projected to be used by a Party and imposed on the Supply Facilities to serve a Party's Retail Customers its Existing Wholesale Customers and ultimate service area measured in cfs, gallons, gpd, gpm, mgd, or other appropriate measurement. The basis for determining Demand may be waived or modified by the Parties due to unusual circumstances such as a fire,emergency, etc. 1.1.9 Depreciated Replacement Cost Value—the value calculated in the current year by multiplying the original cost of the asset times the index in the Engineering News Record Construction Cost Index 20-City Average, 1913=100 as published in the Engineering News Record for the year of evaluation. The products shall be divided by Engineering News Record Construction Cost index 20-City Average. 1913=100 as published in the Engineering News Record for the year placed in service. The result shall then be depreciated from the year placed in service to the year of evaluation using the Book Depreciation Life. The formula* is expressed as follows: DRC=(CC*ENRe /ENR°)*(1-(Ye-Y°)/BDL)) Where: DRC Depreciated Replacement Cost Value. Page 4—Lake Oswego-Tigard Water Supply Agreement CDerionentsandStilingslgreetlloralSettings\;empotary!ManetFdesl rodenkOutlookti12U82WYX IK3039.dce CC=Construction cost. ENR`= Engineering News Record Construction Cost Index for the year of evaluation. ENR'= Engineering News Record Construction Cost Index for the year placed in service. =Year of evaluation. = Year placed in service. BDL=Book Depreciation Life. 1.1.10 Existing I1'7:olesale Customers the Lake Grove Water District, River Grove Water District. Skylands Water Company, Glenmorric Cooperative Association. and Alto Park Water District who are served at wholesale by Lake Oswego as if they were a Retail Customer of 1,0 under the terms and conditions of this Agreement. The Cities of King City and Durham and the Tigard Water District are contractually served by 'Tigard and for purposes of this Agreement shall be defined as existing wholcsae customers. 'The parties recognize that the status of these entities are • contractual and may change over time as determined by the affected Party to this agreement and the existing wholesale customer. 1.1.11 Fiscal Year—the time period as defined under ORS 294.311(17). 1.1.12 Local Government Investment Pool (1.,GIP1 -- The Oregon State Treasurer's Local Government Investment Pool, subject to regulatory oversight by the Oregon Secretary of State and administered by the Oregon State Treasury. Page 5 --Lake Oswego-Tigard Water Supply Agreement c),,,: inrnts and Nem n8. rcer\t,oc•at Sett i ig\Tcmprrary tntcrnct riirs\Cmncnt.OuUow, :1)s2 WYx\t 83039.doc 1.1.13 Municipal Bond Index -- The rate as published by the State of Oregon Treasury Department entitled "Oregon Bond Index Oregon A Rated 20 Year" for the first date after the beginning of the fiscal year. Should said rate cease to be published, then the Parties shall determine another comparable index. The date used for determination of the rate may be modified by the Parties in the event of unusual market circumstances (such as declaration of war by the United States). 1.1.1 i Planning Forecast the document submitted by the Parties in accordance with Article 8.2 which shows the Demands of each Party to be imposed on the Supply Facilities and the Capacity owned or leased by each Party in such facilities. 1.1.15 Project The design. permitting and construction of new and expanded Supply Facilities. as generally described in the City of Lake Oswego and "Tigard Water Service Area Joint Water Supply System Analysis dated July. 2007 by Carollo Engineers ("Carollo Report") to provide 32 million gallons per day capacity by 2016 (the initial Expansion) with the capability to further expand up to 38 million gallons (Longterm Expansion) per day when it appears the water demands of the Parties will exceed 32 mgd. At the completion of Initial Expansion. the Lake Oswego allocation shall he 18 million gallons per day and the Tigard allocation shall be 14 million gallons per day. 1.I.16 Property—Property shall be parcels of real property owned in fee simple, by easement or other interest over, under or upon which the supply Page 6 Lake Oswego-Tigard Water Supply Agreement (`\Document,and Setttngslgreer\Le cal SettmpV emprrary Internet I iks\C Int t(knkxrk112I)82WYMIti3439.doc Facilities are or will he located as part of the Initial Expansion or Long Term Expansion. Property currently held by Lake Oswego.will remain in the name of Lake Oswego until completion of the Initial Expansion. Until completion of the Initial Expansion.Tigard shall have an equitable interest as if it were a vendee under a land sale contract. Additional properties acquired as part of the Initial Expansion or the Long Term Expansion shall he acquired as tenants in common in proportion to the Parties' allocation of capacity. 1.1.17 Retail Customers A user within the Party's service area boundary to which users may he added from time to time by annexation, extra- territorial extension of service, merger and/or consolidation or by intergovernmental agreement among the Parties pursuant to ORS 190. A municipal corporation or other entity. which purchases water for resale, shall not he considered a Retail Customer. 1.1.18 Service Area . The existing and future service area for each Party as identified in the Carollo Report, as set forth on Exhibit 2, and as may be modified by the Parties or pursuant to Section 17.8.3 of this Agreement. 1.1,19 Summer Period—June 1 through October 31. 1.1 10 Supple- Facilities . the facilities utilized by the Parties identified in the Carollo Report consisting of Water Treatment Plant Facilities. Transmission Facilities, Water Storage Facilities, and other facilities necessary for treatment and conveyance of potable water to the Parties. A map of the Supply Facility components is provided in Exhibit 3. w.lich Page 7--lake Oswego-Tigard Water Supply Agreement ('.',T)ocumcnts turd Scttings'. ecr‘I.nc I Setting\ empotaty interact Eli.s lC'ontent,Outlavk1121)$2WYX 18309 dm exhibit may be updated and revised by resolution of the Parties. The map is for illustrative purposes only and shall not be considered a legal description of the Supply Facilities 1.1.21 Surface Water Rights—those water rights held by Lake Oswego registered with the State of Oregon Water Resources Department, which allow for diversion of water for use at the Water Treatment Plant Facilities. The Surface Water Ri_hts arc more fully described in Exhibit 4, which exhibit may he updated and revised by resolution of the Parties. 1.1 22 Tranvwissiotr Facilities — the raw water transmission line connecting the Clackamas River Intake Pump Station to the Water Treatment Plant Facilities and the finished water transmission line connecting the Water Treatment Plant Facilities to Lake Oswego's Waluga Reservoir as identified in the Carollo Report. The Transmission Facilities. ownership and their agreed ti alue arc more fully described in Exhibit 1 which, exhibit shall be updated and revised by resolution of the Parties. 1.1.23 Water Treatment Tient Facilities — the pumping stations and treatment plant. which treat raw dater and produce potable water for conveyance by the Transmission Facilities. The Water Treatment Plant Facilities, ownership, and their agreed value are more fully described in Exhibit 1, which exhibit shall be updated and revised by resolution of the Parties within 30 days after the execution of this Agreement. k Dowing completion of an updated appraisal. Page 8—Lake Oswego-Tigard Water Supply Agreement C 1Peenment5 and SetltnkAwc,teal Settingsilvtnpotaiv I7'.emet FilexiContent fhnlunt1121)82WYX\l 3039.duc 1.1.24 Water Storage Facilities — the existing Waluga Reservoir which receives potable water from the Water Treatment Plant Facilities as conveyed through the Finished Water 'Transmission Facilities and any future expansion. modification or replacement thereof. The Water Storage Facilities, ownership, and their agreed value are more fully described in Exhibit 1, which exhibit shall he updated and revised by resolution of the Parties. 1.1.25 Winter Period.—November 1 through May 31. 1.2 Interpretation In this Agreement, unless a clear contrary intention appears: (a) reference to any person includes such person's successors and assigns hut. if applicable, only if such successors and assigns are permitted by this Agreement, and reference to a person in a particular capacity excludes such person in any other capacity; (b) reference to any gender includes each other gender; (c) reference to any agreement (including this Agreement), document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordarce with the terms thereof and, if applicable. the terms hereof: (d) reference to any Article. Section, Schedule or Exhibit means such Article. Section. Schedule or Exhibit to this Agreement, and references in any Article. Section, Schedule. Exhibit or definition to any clause means such clause of such Article, Section, Schedule, Exhibit or definition; (e) "hereunder," "hereof." "hereto." "herein." and words of similar import are references to this Agreement as a whole and not to any particular Section or other provision hereof: Page 9--hake Oswego-Tigard Water Supply Agreement c'Allocumcntc and Setting tgrccr'I Deal SettmgsVrempormv Internet F31e51Contcnt.[hnlooL!121)X2WYx\183039.doc (t) relative to the determination of any period of time, "from" means "from and including," "to" means "to hut excluding" and "through" means "through and including": (gY'including" (and with correlative meaning "include") means including without limiting the generality of any description preceding such term; (h) reference to any law (including statutes and ordinances) means such law as amended, modified, codified or reenacted, in whole or in part. and in effect from time to time. including rules and regulations promulgated hereunder; and (i) "will" and "shall"are mandatory terms. Page 10--hake Oswego-Tigard Water Supply Agreement C'.\I tocumti is and Scitmgslgt,i ALtcn1 Scttinp\TcmpotatIntcmct I dcs\Comicm.4ut1o010121)K2WYX\I83039.doc ARTICLE II WARRANTIES AND REPRESENTATIONS OI'THE PARTIES 2.1 Warranties of the Parties The Parties hereto'Warrant and represent that they have the legal authority to cuter into this Agreement. 2.2 Approval of the Governing Bodies The Parties to this Agreement hereby certify that they have undertaken the necessary public procedures to approve and authorize the signatories to this Agreement to act on behalf of the Party executing this Agreement. 2.3 Ohli ation of Good Faith and Fair Dealine The Parties each covenant to deal fairly and in good faith with the cutler to fulfill the covenants and requirements of this Agreement. Tigard has an existing water supply contract with the City of Portland that expires on July 1,2016 unless extended. Costs of water will increase after July 1. 2016, because Portland 's expected to embark on a large-scale capital improvement program and the rate to wholesale customers will increase to account for this capital construction. Also, the timing and method cf withdrawal after July 1, 2016 will leave Tigard with less flexibility in extricating itself from the Portland contract. For these reasons, having the initial expansion project complete by July 1. 2016 is of paramount importance to Tigard. Lake Oswego recognizes Tigard's circumstances and agrees it will undertake Es best efforts in good faith to meet this schedule for the initial expansion project, Page I I - Lake Oswego-Tigard Water Supply Agreement (' i%t*.:.noaas::ndSctluISN-49cca"al Scturv-itttnpinmy Intone(rilex\Conten1Ckriionk1F21)R2WYXUR: 13'+d( ARTICLE III MANAGEMENT 3.1 Managing Agency Lake Oswego shall be the Managing Agency to manage the operation. maintenance, repair and replacement of the existing Supply Facilities and to manage the planning. design and construction of the Initial Expansion of the Project. Lake Oswego shall he the contracting agency with consultants and contractors, and the named party on permits required from local, state, and federal regulatory agencies. lake Oswego shall have the power to a) approve contracts and change orders subject to its purchasing rules, b)take such actions rcasonab y necessary during an emergency and c) other such powers as may he granted by the Parties from time to time. Lake Oswego shall be responsible for conducting the day-to-day business affairs including: payment of invoices. accounting, budgeting. operation and maintenance of the Supply Facilities, planning, project management. maintaining records. and other such duties as required. Tigard shall pay its share of costs in accord with the terms and conditions of this Agreement. 3.2 Technical Committee Each Party shall appoint two technical representatives to meet at intervals deemed appropriate for communication and coordination, and to keep the Project en schedule. The Technical Committee shall review all methods of contracting. requests for proposals, contracts. value engineering. designs. permit applications and costs. The Technical Committee will endeavor in good faith to make recommendations to the Managing Agency or Oversight Committee as the Technical Committee deems appropriate or where required by this Agreement. If Page 12--Lake Oswego-Tigard Water Supply Agreement C'tth cinm+rtts and Seltinevec\Lova:SvuingsVrempoim}Internet Files\Contrrit t)utlook\12t)142WYX\i83034.du the Technical Committee cannot agree on a recommendation and is at impasse, the matter will be referred to the Oversight Committee, The Technical Committee must review and recommend to the Oversight Committee any proposal by Lake Oswego_ to retain an outside project manager. 3.3 Oversight Committee Lake Oswego and Tigard shall each appoint two persons to the Oversight Committee. •I'he members shall serve at the pleasure of the appointing Council. The Committee shall meet as deemed necessary b) the Managing Agency or Technical Committee to keep the Project on schedule, hut in no event less often than quarterly. The Oversight Committee shall review and the individual members of the committee shall present to their respective Councils proposed projects as identified in the Carollo Report or other proposed projects and related matters and budgets or funding requests. The Oversight Committee will endeavor in good faith to make recommendations to the Managing Agency or to the City Councils as the Oversight Committee deems appropriate or where required by this Agreement. If the Oversight Committee cannot agree by majority, then the tie vote shall be deemed a no vote so that no recommendation is made, The respective City Councils will then consider and vote on the matter. The Oversight Committee must review and approve any proposal to retain an outside project manager. Nothing herein shall be deemed a waiver of a Party's right to submit these matters to Dispute Resolution under Article XIV. The Managing Agency shall be responsible to staff and assist the Oversight Committee to comply with public meetings law and notice requirements as necessary Page 13—Lake Oswego Tigard Water Supply Agreement C'1i��kumrnts and SetUn&swreri`,.t•oca1 ScUmp Temporary tnurnet \C ntent.(hdlook1121>r7.WYY1183039.doc 3.4 Budgeting and Accounting The Managing Agency shall prepare a budget specific to the capital and operating needs of the Supply Facilities for each Fiscal Year. The budget shall include an estimate of direct and indirect costs of personnel from either Party who are anticipated to provide services as part of the ultimately approved budget. A draft budget shall be prepared and distributed to the Technical Committee by March I'' for comment. A draft budget shall be prepared and distributed by the Managing Agency to the Oversight Committee by April 30th. The final budget must receive approval by each Party by June 30ti'. [f any Party uses a biennial budget cycle,the dates above shall remain the same for the applicable budget preparation year and that Party shall update the budget amounts anticipated for the off year for the benefit of the other Party's budget process, Each Party's proportionate share of the expenses of operation and maintenance of the Supply Facilities, including reserves for repair and replacements, permitting, design and construction and other expenses as may be incurred, shall be estimated, and set forth in the annual budget, and the amount estimated shall be recommended to he included as operating expenses. in each Party's individual adopted budget. If the budget includes accumulation of funds designated for a particular purpose or future use, such amounts shall he accumulated in a restricted or earmarked fund. The Managing Agency shall maintain an independent budget control procedure and provide budget reports at least quarterly to each of the Parties not later than 30 days after the end of each quarter. This report shall show Page 14.-Lake Oswego-Tigard Water Supply Agreement f'11h' ,rn ntx:end SLnin}lsigrcerlLocal Settmk.lTempora) lntrrnct Files',<'nnlent fhnlooki121)52WYX IS3.C39 doc expenditures and receipts by budget item for each transaction through the last working day of the preceding quarter. 3.5 Asset Management Program Within one year following substantial completion of the Initial Expansion, the Managing Agency shall create a thorough inventory all of the assets associated with the Supply Facilities, including physical facilities and real estate holdings. The inventory shall describe the current conditions of these Supply Facilities, their current value (replacement cost less depreciation), and repairs and replacements that may be necessary. The inventory shall include a schedule for repairs and replacement. The Technical Committee may propose policies to the Oversight Committee that guide, schedule and fund the repair and replacement of the assets and suggest amendments to the Supply Facilities Capital Improvement Program. The Oversight Committee shall then forward the draft inventory, any proposed policies and amendments to the Supply Facilities Capital Improvement Program to the Council of each Party for its approval. The program and policies shall be based on prudent utility practices and industry standards. Annually, the inventory shall he reviewed for additions and deletions. 3.6 Council Decisions Approval by the Councils of each Party is required for: 3.6.1 Any sale, transfer, lease, exchange, or other disposition of any Property over, under,or upon Supply Facilities are located: 3,6.' Entry to any mortgage, pledge, encumbrance or refinance of the Property or Supply facilities; Page 15 -Lake Oswego-Tigard Water Supply Agreement C\t)c in rntr noel Scttingstgrecrit.aral ScttingsiTernporary Internet Files\Content.Outlook\t2DS2WYXi183D39,dnc 3.6.3 Approval of any budget: 3.6.4 Approval of any nonemergency expenditure by the Managing Agency that has not previously been approved and budgeted and that exceeds the Managing Agency's authority' under its purchasing rules to make the expenditure without the approval of its Council, or a capital improvement project not listed on the Supply Facilities Capital improvement Program. If a capital improvement project has been budgeted and is part of the supply Facilities Capital Improvement Program, the Managing Agency shall be authorized to contract for all work necessarily related to deliver a complete and functioning project: 3.6.5 Approval of an's decision to burden the Property or Supply Facilities with additional casements. licenses, or other encumbrances or to use the property for non-water related purposes. 3.6.6 Approval of any decision to change the use or the operation of the Property or Supply Facilities beyond adopted operational protocols: 3.6.7 Approval of the Initial Expansion or Long Term Expansion: 3.6.8 Approval of amendment of the Agreement to allow a new Party to join: 3.6.9 Approval of modification,alteration or dissolution of this Agreement: 3.6.10 Approval of a Supply Facilities Capital Improvement Program and amendments. When adopted. it will become Exhibit 5 and made part of this Agreement. 3.7 Ilse of Employees Page 16—Lake Oswego-Tigard Water Supply Agreement C kr/mumcnts and ticttinp rccrll.acpi Sctting>1Tcmwrarq intcmet Files\Contrnt Outlnnk\12P 2WIX1183(39.dnc To the extent that any Party uses its own employees in the performance of its duties under this Agreement, that entit. shall he responsible for complying with all applicable state and federal laws and for all employment related benefits and deductions, workers' compensation premiums and pension contributions. Decisions regarding employees shall he the sole responsibility of the Party who employs him or her. 3.8 Audit. Record Keeping; Access to Records The Managing Agency shall cause an annual audit to he conducted pursuant to the requirements of ORS 2C7.425, 297.455, 297.465 and 297.466. The Managing Agency shall maintain i:s books and records in such manner that the Supply Facilities and expenditures related thereto are separately stated and capable of review without being combined or mixed with the nonsupply facility assets. The Managing Agency shall maintain all fiscal records relating to the Supply Facilities and Project in accordance with generally accepted accounting principles. In addition. the Managing Agency shall maintain any other records pertinent to the Supply Facilities and Project in such a manner as to clearly document the Managing Agency's performance hereunder. Ali such fiscal records. books, documents. papers, plans, and writings shall be retained by the Managing Agency and kept accessible as required by law. The Managing Agency agrees that the other Party and its authorized representatives shall have access to all books, documents, papers and records of the Managing Agency which are directly related to the Supply Facilities and Page 17—Lake Oswego-Tigard Water Supply Agreement [ '',Ih+rumcntw and Sctnngs4;recrULcxal Setttng':remporary Intcmct Film%Contrnt.thttlaok112DS2WYX\1S3039 dix Project for the purpose or'making any audit, examination, copies, excerpts and transcripts. Page IS—Lake Oswego-Tigard Water Supply Agreement C U3ncumcnis and 5rttingrlgrect\Lacaf Scttmg\Tcmporars Internet Pilest(Content Outlook112D 2WYX1183039 duc ARTICLE IV SYSTEM OWNERSHTP;ALLOCATION OF CAPACITY 4.1 System Ownership Upon execution of this Agri,etuent, Tigard shall pay Two Million twenty five "Thousand, Three Hundred Sixty-One Dollars ($2,025,361.00) or such amount based on the valuation analysis set forth in Exhibits l and 6 to Lake Oswego, which Lake Oswego agrees to dedicate as working capital to the Project. Upon payment, Tigard shall he granted by this Agreement an equitable interest in the Supply Facilities as if it were a vendee under a land sale contract. Title shell transfer upon completion of the Initial Expansion of the existing Supply Facilities. The Parties shall each then own undivided interests in the Supply Facilities and Property. Such ownership shall be a percentage ownership in the Supply Facilities component as , . forth in the exhibits in this Aeement. At the time of execution of this Agreement, the existing assets shall be valued as shown on Exhibit 1 and the contributing partner shall receive a credit for the asset value. If the current appraisals of the assets are not available at the time of execution of this Agreement, the Councils shall approve amendments to the exhibits to reflect updated valuation information when received and Tigard shall pay the difference to Lake Oswe.go as provided above. If the Initial Expansion is not constructed, Lake Oswego shall refund the amount of Tigard's payment to Lake Oswego plus interest at the LGIP rate within 30 days of the decision to abandon the Project and Tigard shall have no further ownership or equitable interest in the Lake Oswego Supply Facilities and Property. Tigard will execute any document required by Page 19—Lake Oswego-Tigard Water Supply Agreement C':lbocurneus anti Settingstcarnik`.t.eeal Settings'tTcmparary Internet Pilcs\C'ontentAttlooll8wAMGVYkI.()-('O1 ICiA fin:,1 draft black lino dot• Lake Oswego to convey any interest "'i Bard may have in Lake Oswego Supply Facilities and Property. Tigard's purchase of its percentage share of the Supply Facility assets shall be by capital cort^bution, mutually approved in kind contributions or payment of design. pe--'`tting and construction costs for the system expansion so that upon completion of the Initial Expansion, Tigard's contribution shall equal is percentage ownership as shown in Exhibit 7. Lake Oswego's percentage as shown in Exhibit 7 is based on its contributed assets, financial contribution to the Initial Expansion, mutually approved in kind contributions and other mutually agreed factors. 4.2 Anticipated Ownership At the completion of the Initial Expansion, the Parties' percentage ownership shall be allocated as set forth on Exhibit7, attached hereto and incorporated by reference. 443 Allocation of Capacity At the completion of the Initial Expansion, Tigard's allocation of Capacity shall be 14 million gallons of water per day, and Lake Oswego's allocation of Capacity shall be 18 million sailors per day. Page 20—Lake Oswego-Tigard Water Supply Apr-ement C!.Dnctnncnts and Scllingskatolk\l.ocat Stttintneaentisnraty intemet rilcs1Contcni.Oullook\BWL4MGVY1O-CO1 ICA find dtafl black tint:doc ARTICLE V PROPERTY; CREATION OF TENANCY IN COMMON 5.1 Creation of Common Ownership Title to or easement rights to all properties over, under or upon which Supply Facilities are or shall be located (Property) shall remain in the name of Lake Oswego until the completion of the Initial Expansion. Tigard shall have an equitable interest as if it were a vendee under a land sale contract. Within 90 days following completion of the Initial Expansion, Lake Oswego will, by Warranty Deed, convey to Tigard an undivided proportionate interest as tenant in common in the Property as set forth on Exhibit 7, attached hereto and incorporated by reference. The Parties agree the Property owned by Lake Oswego as of the date of this Agreement shall be valued in 2008 dollars. Property acquired after the date of this Agreement shall he acquired proportional to the Parties' respective allocations of Capacity. according to the purchase price paid. Closing costs for the Lake Oswego transfer to'Tigard shall be shared equally. 5.2 Ownership Interest/Use 5.2.1 Title to the Property held in the name of Lake Oswego until transfer shall be held in part for the use and benefit of'Tigard to the extent of Tigard's interest as set forth in this Agreement. Lake Oswego water rights shall nut be transferred under any of the real property transfers, Upon transfer,title to the Property shall he held in the name of each of the Parties in their respective undivided interest. The Parties agree that except as provided herein, the Property is dedicated for water supply purposes. The Parties intend that their relationship, with respect to the Property, be a tenancy in Page 21 —Lake Oswego-Tigard Water Supply Agreement c onc aslant;,and Scniv' tttceALorsl Scttin[isk Ientri ty Internetl'i1cs;C'rndern.tluthmk112I782WYMU83U?J.dbr common. A Tenancy in Common Agreement shall be executed and recorded at the time of transfer. 5.2.2 The Parties' responsibility for all maintenance. insurance and other land costs. shall be: 52.2.1 Until completion of the Initial Expansion and transfer of an undivided interest to Tigard. the existing Supply Facilities shall he used by Lake Oswego at its sole risk and cost to accommodate water supply uses. 5.2.2.2 Following transfer, Lake Oswego and Tigard shall be responsible for all costs related to Ihe Property in proportion to their respective interests r.s set forth on Exhibit 7. Such costs shall he included in the monthly invoices under Section 7.1.4. 5.3 Covenant The Parties declare that the Property is and shall he held. conveyed.hypothecated, encumbered. leased. rented, occupied and improved subject to the limitations, restrictions,covenants and conditions set forth in this Agreement, all of which are declared to be in furtherance of a plan established for the purpose of constructing and operating the Supply Facilities. All such limitations. restrictions. covenants and conditions are intended to run with the Property. and to inure to the benefit of and be binding upon all parties having or acquiring any right. title, interest or estate therein. Other incidental uses shall he limited or restricted to the extent they conflict with water supply purposes. 5.4 Partition Following transfer and so long as this Agreement is in effect, no Party shall seek l'age 22-Take Oswego-Tigard Water Supply Agreement (.Ukuumcut.and SetnnpAgrecr\Local Scttings'Vrempatory Internet File Nentitcnt Outiook112IMA YX\183039 doe or obtain through any legal proceedings a judicial partition of the Property or sale of the Property in Iieu of partition. without the prior written consent of the other Party. Page 23—Lake Oswego-Tigard Water Supply Agreement C nocumenei and Settings\grerrll.nral$cttinga\remi+c+tat Internet Fi1e5\('onirnt lity\I2.i7$2WY\\1830.44 tiOE ARTICLE VI DESIGN AND CONSTRUCTION OF SUPPLY FACILITIES 6.1 Preliminary Planning and Design Tigard and Lake Oswego. by this Agreement, commit to design and construct the Initial Expansion, Nvhicl- shall include initially Water Treatment Plant. Clackamas River Intake Pump Station and Transmission Facilities with a design capacity of 32 mgd as generally described in the plan prepared by C'arollo Engineers ("Carollo") dated July, 2007. and to achieve completion by July 1, 2016, immediately commence: 6.1.1 Participation in necessary joint planning sessions for the Supply Facilities: 6.1.2 Contribution of their proportionate share of costs of preliminary design. preliminary engineering.permitting, and other fees as necessary and as set forth on Exhibit 7. attached hereto and incorporated by reference. The Supply Facilities shall accommodate subsequent expansion up to 38 mgd (Ixmg Term Expansion). The general configuration map of the Property attached to the Agreement as Exhibit 3 shall allow the Parties to expand the treatment plant in the future. Lake Oswego shall retain a project team for permitting. design, and construction management of the Initial Expansion of the Supply Facilities. 6.2 Permit Applications Lake Oswego. as the Managing Agency. shall he the lead agency in negotiating required permits for construction of the Supply Facilities. 6.2.1 Lake Oswego shall be responsible to obtain ail other permits such as: l'agc 24—Lake Oswego-Tigard Water Supply Agreement t' ,Documents and Sett inplpeet'!Aleul S ttingsl'empora+e Internet FilC5\C1ontent Outlook\IZf)F2WYX\I83C+:i4.doL 6.2.1.1 Section 404 Permits under the Clean Water Act through the Division of State Lands and the Corps of Engineers; 6.2.1.2 Any permit necessary from the Oregon Division of State Lands for use of submerged or submersible lands for intake and transmission. if that is n addition to the 404 Permit; 6.2.1.3 Any permit with the Water Resources Department regarding permit extension, amendment of a Water Management and Conservation Plan, or application of water to beneficial use in the Service Areas identified in tl.e Carollo Report; 6.2.1.4 Any permit necessary from the Oregon I)epartntent of Fish & Wildlile.the United States Department of Fish & Wildlife or the National Marine Fisheries Service through consultation: and 6.2.1.5 Any other permit required for the project. 6.2.2 Lake Oswego shall be responsible fir obtaining necessary land deN elopment permits. The Parties agree that improvements imposed by the land use permitting body shall be a Project cost. Additional amenities not required by the land use permitting body shall be paid for at the sok: expense of the party requesting them. Lake Oswego, in its proprietary capacity. further agrees to, in good faith, assist and support Tigard in its efforts to secure the issuance of all permits for pumping and transmission facilities from locations within the Lake Oswego City limits and to enabo Tigard to provide water i:rom the Supply Facilities to Tigard users. Ile Parties acknowledge, however. that this Agreement cannot bind Lake Page 25 Lake Oswego-Tigard Water Supply Agreement c\t>ocununts and Sevin\ptcer11.oea1 SeltinkATemrx ini Internet Pilc�1conttnt outlook\12D 2WYX1183u39.dec Oswego with relation to acts or decisions occurring in its regulatory authority. including. without limitation. the exercise of its regulatory authority to issue permits. 6.3 ('onstruction 6.3.1 Project Alava€ejrrcrrt. During construction. Lake Oswego will, as Managing Agency,convene the Technical Committee at least hi-weekly to review project schedules and performance. progress payment requests, change orders and punch list items. Tigard may attend all contractor and consultant meetings. 6.3.2 Progress Pgvmetrts. Progress payments. during design and construction, shall be billed monthly by Lake Oswego according to the proportionate allocation of system improvement costs for individual components of the Supply Facilities as set forth on Exhibit 7. For a construction contract or contract that materially includes construction within its scope that is included in the Supply Facilities Capital Improvement Program and approved budge.. the Managing Agency may award such agreements after giving prior notice to each Council of the Project Engineer's estimate. Contracts not within the foregoing description or where the bid or proposed price exceeds the Engineer's estimate by 10% may not proceed unless each Council has approved. Within 30 days of invoice from Lake Oswego. Tigard shall remit the amount due, unless disputed. Ary disputed amount shall be resolved in accordance with the l)ispuic Resolution Procedures of Article 14 below. However, notwithstanding the Page 26' Lake Oswego-Tigard Water Supply Agreement C'\Documents imd SettinFslgtecrlr,tical Settings\Temptsm) lata net FdrslC'ntcnt nutkmkll2l)S2WYX1IA3t?39.dac foregoing, during construction no dispute between the Parties shall cause cessation or delay of work by the contractor. If the contractor threatens -o suspend or terminate work because of a dispute over nonpayment, the Parties hereto agree to make such payments to Lake Oswego to resolve contractor issues and shall expressly reserve all rights regarding the ultimate allocation of costs or obligations paid to the contractor which shall be resolved by dispute resolution. 6.3.3 Post Construction. Following construction, the Technical Committee shall meet as needed to review and recommend to the governing bodies on matters related to warranty or other contract performance issues. Page 27 --Lake Oswego=l igard Water Supply Agreement t'_Ukocumcnts and Settmga1greer1 oval Seningt\rempomn•Internet Fk>1C onteft.thnleolA121A2WYXU83039.doc ARTICLE VII OPERATION AND MANAGEMENT 7.1 Supply Facilities 7.1.1 Management. Lake Oswego shall have responsibility as Managing Agency to manage, operate. repair and replace the Supply Facilities until such time as the Parties agree otherwise. The Managing Agency may pert'orm work with its own forces and charge the other Party therefore or by contract with another party. Additional work or charges outside the approved budget shall require unanimous consent of the Parties. 7.12 Operation and Maintenance Costs. The costs of operation and maintenance shall be allocated between the Parties according to water delivered from the water treatment plant to each Party's connection point to their distribution systems measured in hundred cubic feet (cel) imposed on the Supply Facilities multiplied h} the operations and maintenance expense rate in S/ccf. The method for calculating the rate and water use determination of payment shall be agreed to by the Councils based on the budget and anticipated water use considering the previous 12 months' water use. For the first year when Tigard draws water, the Parties will not have prier usage data from Tigard's use of the Supply Facilities. Therefore. the Parties agree that an estimated cost per ccf shall he determined based upon the budget and applied to all Tigard volumes with invoice on a monthly basis. At the end of the first year. actual unit costs will he calculated and reconciled as set forth in 7.1.4. Page 28 I.alke Oswego-Tigard Water Supply Agreement ( '11cN tm:rm-and Settings\l;iccr\l.ocrl1 tienru li cmponny Internet Files1Content(hrilook121)82WYXt183039.cinc 7.1.3 Renewal, Repair and Replacement Costs. The Parties shall budget for renewal, repair and replacement costs as provided in Section 3.4. The Parties shall make those payments as required for renewals, repair and replacement proportional to that Party's ownership interest in the Supply Facility component. 7.1.4 Billing and Payment. Each Party shall receive an invoice monthly from the Managing Agency representing one-twelfth of the allocated operations and maintenance budget amount for that Party. 'The invoice may also include required payments for renewal, repair, and replacement under Section 7.1.3 or the Managing Agency may send a separate invoice. Payment is due to the Managing Agency within 30 days of receipt of the invoice. On March l'" of each year. the Managing Agency will send an invoice calculating actual water usage as compared to estimated annualized expenditures in the budget and reconcile them. The respective Parties will pay (or receive credit for overpayment toward the next invoice) based upon this reconciliation. As soon as reasonably possible after June 30th of each year, the Managing Agency will conduct a similar reconciliation and the Parties will pay or receive credit for overpayment as appropriate on the next invoice in the new fiscal year. 7.2 Property Management. The Parties agree that the property over. under. or upon which the Supply Facilities are constructed shall be operated and managed as follows: Page 29--Lake Oswego-Tigard Water Supply Agreement ("Documents ocuments artd Setting.\titrerd mal SettinK.Vr rnlioraty intentct Filea\Cnmrnt Ctutlonk112I)82WYX11$30394oc 7.2.1 Duties of the Managing Agency. The Managing Agency shall have the responsibility and authority to perform the following functions and may make decisions with respect to such matters as to the Property unless otherwise provided in this Agreement. 7.2.1.1 Operation Mlaintenanre. Repair, and Replacement. To contract for maintenance. repair and cleaning of the Property pursuant to an approved budget, contract, or other approval of the Parties as may be required by the terms of the Agreement. 7.2.1.2 Insurance. To obtain or renew a policy of property insurance insuring the Property against loss or damage by fire and other hazards covered by a standard pol?cy of fire insurance with extended coverage endorsements written for the full replacement value of the Property. The Parties shall also obtain or renew a policy or policies of public liability and property damage insurance with a single limit of not less than $2,000.000, The policies shall name the Parties as co-insureds. 7.2.1.3 Assessments. To collect and deposit the assessments and other charges due from the Parties into an account established for the Property; to mail written notice to any Party who is more than 30 days delinquent in payment of any assessments or charges: and to mail written notice to the Parties for additional assessments whenever it appears that the funds on hand shall be insufficient to cover future expenses. 7.2.1.4 Payment of Expenses. To pay when due the expenses of the Property, and all other expenses or payments duly authorized by the Parties. Page 30—Lake Oswego-Tigard Water Supply Agreement c\nmuments and Settings\p cr t aal Setturys\Temporar} Interne Filesleontent(httic.n1A 21)ICWYX\1K3t13'dck. 7.2.1.5 Records. To maintain complete and accurate records of all receipts and expenditures for the Parties. 7.2.1.6 Reimbursement of Expenses. Unless approved in writing by the Oversight Committee,no Party shall be compensated for services related to nonbudgeted matters where contingency or other funds in the approved budget are available. Otherwise, approval by each Council is required. However, a Party shall be reimbursed for out-of-pocket expenses. 7.2.1.7 Payment of Costs. Amounts owed by each Party for expenses related to the Property shall be invoiced as provided in Section 7.1.4. Page 31 —Lake Oswego-Tigard Water Supply Agreement C 1I)ncuments and Settmgslgrecr11.oca1 Settingsll'empurar}Internet Files1Con(ent(hit 1\l2D$2WYX1183039.doc ARTICLE VIII SUPPLY FACILITIES 8.1 Use of Supply Facilities The Parties shall each use the Supply Facilities in a manner consistent with prudent water utility practices and to minimize interference with each other's use of its respective share of Capacity to meet its demands. Prudent practices shall include a mutual commitment to conservation and use of water without waste implemented in each Party's Water Management and Conservation Plan. When the Initial Expansion is completed and the Parties are using the Supply Facilities. the Parties anticipate that instances of overuse of Capacity by a Party will be rare and the Parties shall resolve such instances on a case-by-case basis. If a new member is added or if a third party is supplied by the Supply Facilities so that additional demands or capacity are placed thereon, then, unless caused by system operation conditions not caused by the overusing party, any use of 10%or greater by either Party(or third party user) than its share of Capacity for two consecutive years or three out of five years shall be overuse. The overusing Party (or third party user) shall compensate the other party at a lease rate as may be fairly and equitably agreed upon by the parties. In lieu of the above lease rate or in combination with it, the Parties may agree to construct the long Term Expansion of the Project or reduce demand so that overuse shall cease to occur. 8.2 Mutual Forecast Submittal In order to make timely, reasonable and prudent judgments concerning meeting respective demands for capacity. the need to lease capacity. the ability to lease capacity, and the terms and conditions of any such Lease, the Parties shall each Page 32---take Oswego-Tigard Water Supply Agreement t' 11 K.,rents and Settnt'''}Keer'L ual Settutgs'rremrxuary Internet r ilesKContent,Outlookt12n82WYX1183039.doc submit to the other commencing February 1, 2016 and February 1 of each fifth year thereafter, a 10-year planning forecast. The planning forecast shall set forth the respective projected water demands, capacity to serve that demand, and identify any deficiencies in capacity by year for the 10-year period. Demand shall include any sale of water from capacity agreed to or reasonably anticipated within the ten-year time frame. The capacity requirement for the Supply Facilities shell consist of the average of five consecutive days containing the highest average peak day demands (mgd) imposed by the Parties. for the summer period of May 15 to October 31. The Parties shall agree on an appropriate course of action as they deem reasonably available and prudent, under the forecasted circumstances. including, but not limited to. leasing capacity from one to the other. both within and without the timeframe of such planning forecasts. 8.3 Surface Water Rights Surface Water Rights shall remain in the name of Lake Oswego. By execution of this Agreement. Lake Oswego agrees to hold these permits or certificates for the benefit of Tigard and Lake Oswego to the extent of the rights of each under this Agreement. Development and beneficial use by the Parties of water authorized in the Surface Water Rights of Lake Oswego, but undeveloped as of the date of this Agreement. shall accrue to the benefit of all Parties. to the extent of their rights under this Agreement, without regard to ownership. 8.4 Water'freatmeni Plant Facilities F'xcept during a curtailment event for any reason, each Party shall have or obtain Capacity in the Water Treatment Plant Facilities.to serve the Demand of the Party Page 33 -Lake Oswego-Tigard Water Supply Agreement C.\i)arumenta and Settings4prcI'1 nciul Sirtinolrempnraty tntcmct FilrO,Contem Outk' k\i2I)F2WYX\J K30,19 floc during the Summer Period and the Winter Period up to the respective allocations. The Capacity requirement for Water Treatment Plant Facilities shall consist of the average of the five (5) consecutive days containing the peak day demand (mgd) imposed on the Supply 7acilities by the Party for each Summer Period and Winter Period. Capacity in the Water Treatment Plant Facilities may be obtained by purchase of excess existing Capacity. capacity expansion of the Water Treatment Plant Facilities and/or leasing of Capacity from another Party. 8.5 1 ransmission System The Parties agree to maximize the use of the existing Transmission System for the benefit of the Parties before construction of new transmission facilities. The Parties have agreed on connection points for delivery of water from the Transmission System as set forth in Exhibit 3,which exhibit may be updated and revised by resolution of each Party's Council. To the extent that a Party neecs additional Capacity in the Transmission System. the Parties agree to sell or lease available Capacity in the Transmission System prior to construction of new transmission facilities. When expansion of the Transmission System is required. the Parties shall follow the procedures as set forth in Article 9. 8.6 Finished Water Storage The Parties agree to construct shared storage facilities where efficient and economic for both Parties. Notwithstanding this provision. each Party shall construct and operate separate adequate finished water storage within its distribution system to meet their respective operating and emergency conditions as set forth in the Operations Manual as required under Article 12. To the extent Page 34--Lake Oswego-Tigard Water Supply Agreement C' d),-unnrusandSctt'lL<,irrcf,l(NcalSidtintgs\i'entpuraryittrrnctFiles\Contcut.(ttat,c,oi;;;zi)n:WYXJ83) 3:i<; that a Party cannot do so. it may make a request to the other Party for supplemental storage. If the Patty providing supplemental storage agrees o provide such storage. then the Party receiving such supplemental storage shelf compensate the other Party as mutually agreed. Page 35—Lake Oswego-Tigard Water Supply Agreement C'3)txrtnrentsand S ningivcerU.ocal Stump Temporary Internet FilelkComcnt tkrtk+4it21482WYX I83039doe ARTICLE DC EXPANSION RIGHTS AND REQUIREMENTS 9.1 Expansion Requirements The Parties agree that use of the Supply Facilities by the Parties should he accomplished first by utilizing the Capacity in the Supply Facilities to serve the needs of the Parties. The Supply Facilities should be expanded only after the Parties are projected to he using all Capacity, within a reasonable plannirg horizon or at such other times as the Parties deem appropriate. In determining the appropriate time to begin expansion of the Supply Facilities. the Parties shall consider the time required to provide for environmental reviews, design. permits and construction. Therefore, the Parties agree to lease Capacity to another Party as provided for in Article 10 to reasonably and prudently defer capital improvements and costs thereof. q.2 New Surface Water Righty and Expansion_ 11te Parties agree that finding opportunities to acquire new water rights (surface or ground) ma} be of great significance to their long range needs. This may include the purchase of existing Surface or Ground Water Rights or application for permits for surface. ground or stored water rights. The Parties agree that new sources shall be acquired jointly in proportion to the Party's ownership interest in the Supply Facilities. If a Party elects not to participate in the acquisition of additional water.the other Party may proceed individually. 9.3 Expansion Riehts in the Supply Facilities The Parties shall use reasonable and prudent utility standards in determining :s to when and to what size the Supply Faciilities should be expanded. Such Page 36—Lake Oswego-Tigard Water Supply Agreement t. •]k unlents and Sytting.11.0xtrILmalSettin lIetup anIntemclit;esA'ontctarht10et,`!ZI)K2W'YX'•iL30:9•drx determination shall take into consideration the Demand requested by the Parties, the Capacity of the Water Supply Facilities, prudent utility planning standards and the available Surface Water Rights, and Transmission System owned or capable of being leased or expanded by the Parties. Based on the Planning Forecast of Section 8.2, a Party shall provide written notice to the other Party of its desire to expand the Supply Facilities. The Parties shall place the proposed project on the Capital Improvement Program. The intent of the Parties is to place the proposed project on the CiP for a period of five years. in the third year of the CIP. the Parties shall each decide whether to accept or reject participation in the expansion. Notice by a Party to participate in an expansion shall be in writing and specify the percent participation in the expansion. Each Party shall have the right to participate in the expansion in at least the same percentage level as the Party's percent ownership in the Supply Facilities at the time of the proposed expansion. A party may proceed individually if the other elects not to participate so long as the non-participating Party is held harmless from financial obligation. 9.3.1 Long Terns Expansion of Waterf'r•eatnlent Plant. Notwithstanding Section 9.3 on expansion of the Supply Facilities. the Parties recognize that Lake Oswego has or will contribute to design and construction of Supply Facility components to achieve capacity of up to 38 mgd. if either Party proposes such Long Term Expansion of the Treatment Plant, Lake Oswego will determine if it wishes to participate and the amount of Capacity it desires, which may be the entire expansion amount. Lake Oswego will notify, Tigard of its decision. which shall be conclusive. Depending upon Lake Oswego's Page 37—Lake Oswego-Tigard Water Supply Agreement ('\i) cumcnta and Scttiagvtprertimad Strain;slTemlxnuty Internet Filsi('omrntdluUoek112D82WYX1183039 dor decision. the Parties will then negotiate a Project Agreement for the Long Term Expansion. which shall specify,among other things, a. whether all or any portion of the expanded capacity is sold to Tigard;or b. whether Lake Oswego builds the expanded capacity with its funds and leases the capacity to Tigard upon such terms and conditions as the Parties agree;or c. whether Tigard builds the expanded capacity with its funds subject to Lake Oswego's option to buy back all or part of the expanded capacity upon three years' written notice at the depreciated replacement cost of the expansion plus interest at the Municipal Bond Index from the date of substantial completion;and d. Such other mutually agreeable terms including adjustment of ownership interests in other Supply Facility components to match treatment plant capacity allocations of the Parties. 9.4 Other Assets There may arise other improvements which do not directly in and of themselves, provide for expansion of the Supply Facilities. In such circumstances.the Parties shall mutually determine the appropriate financial participation by each of the Parties. They shall consider the purpose for the construction of the asset and the benefits to be received by each of the Parties from the asset in determining the financial participation requirement of each. A party may proceed individually if the other elects not to participate so long as the non-participating Party is held Page 38—Lake Oswego-Tigard Water Supply Agreement t'\lki umrnlc and Settings'verrll.ocal Sett m `Temporary Hemet filu*.1Cnntent,Outlook,i 2t>R2 WYX\133039.doc harmless from financial obligation. 9,5 Bonita Road Pump Station Tigard's Bonita Road Pump Station is or will be capable of providing water from Tigard to Lake Oswego if necessary. The Parties acknowledge this is beneficial to Lake Oswego in those circumstances, but the frequency is difficult to predict. If this Pump Station is used for the benefit of Lake Oswego as the Parties agree, Lake Oswego shall pay Tigard's costs to supply water, including Tigard's costs to purchase water from other entities, as if it were a short-term lease. Tigard will invoice Lake Oswego on a monthly basis in such circumstances. Page 39—Lake Oswego-Tigard Water Supply Agreement C\Documents and Settingetmar\Lncal Setttngall'emporary Internet ITilm1Conlent Oullmak\12D82 WYX\183039 dnc ARTICLE X LEASING 10.1 Leasing As provided for in Article 8. the Parties shall lease to the other Capacity in the Surface Water Rights and Supply Facilities to the extent available according to the planning forecast. 10.2 Purpose The purpose of this Article is to acknowledge the rights of the Parties to lease from each other the unused portion of their respective 14 mgd and 1 mgd allocations of the total 2 mgd Capacity of Initial Expansion to be constructed,to establish the conditions under which such leasing may occur and to acknowledge the right to lease future capacity from each other based on future expansion of the Supply Facilities depending upon conditions and circumstances then and there existing and when future shares of capacities are ',now-n. This section is not intended to limit the Parties from otherwise agreeing on leasing of supply capacity to each other. If the Supply Facilities are expanded to 38 mgd, these lease provisions shall apply to the second increment of capital improvement. 10.3 Right to Lease Lake Oswego shall have the right to lease to Tigard and Tigard to lease from Lake Oswego such unused capacity of its 18 mgd as may be determined by Lake Oswego to be reasonably available and prudent to be leased to Tigard pursuant to section 8.2 or as they may otherwise agree. Tigard shall have the right to lease to Lake Oswego and Lake Oswego to lease from Tigard the unused capacity portion of its 14 mgd capacity as may be determined by'I igard to he reasonably available Page 40—Lake Oswego-Tigard Water Supply Agreement (:.\ikocuntcnts and Scum:s\gtccv'ii.cxal Sctttng.V cmpnrary internes FtlesiCnntent.(Arilcwkl121)tt2\4YX1183t139.dnc and prudent to he leased to Lake Oswego pursuant to section 8.2 or as they may otherwise agree. 10.4 Term The term of any lease for Supply Facilities shall he for a minimum of one (1) year and a maximum of ten (10) years and upon such conditions for renewal as the Parties determine. A lease shall he a short-term measure that allows the Parties to defer expansion or new construction of Supply Facility components and to provide Parties with a near-term stable planning horizon. The Parties do not intend to have perpetual renewal terms. 10.5 Lease Payments The lease payment for Supply Facilities shall he determined by utilizing the Depreciated Replacement Cost Value of the asset amortized over the remaining Book Depreciation life of the asset at an interest rate equal to the Municipal Bond Index rate plus 200 Basis Points at the year of the lease payment or a comparable index. The lease payment shall be fixed for lease terms of five (5) years or less. For lease terms of greater than live (5) years, the lease payment shall be recalculated every five(5)years in accordance with this Section 10.4. 10,fi Effective Date of Leases The effective date for leases set forth in this Article 10 shall he on April 1. following the adoption of this Agreement and every April 1. thereafter. 10.7 Curtailment of Leasing Capacity, The Parties agree that a condition of any lease shall be that the lessee Party shall be provided Capacity to the same extent that Capacity is available to serve the Page 41 —Lake Oswego-Tigard Water Supply Agreement C.111cwumcn4sand Sciting gtcs`l wai Seung0'enporarylnlunct1•iitAComeu Outiookt121)S2WYa'118.4039doc lessor Party's Demand. Curtailment of Capacity resulting from reduced availability of water for all new water supplies developed after the effective date of this Agreement shall he shared equally among the parties. Page 42--take Oswego-Tigard Water Supply Agreement t"',1}:ciar:�ents end Settings'oetr Lnca1 Settings\rentprcan Internet Fdes\Content[httkxd:112I?1,2WYX'.1 ti 3034 dtw ARTJCLE XI SALES TO OTHERS Except for the Existing Wholesale Customers, existing mutual aid agreement, or extension of service to service areas identified in the Carollo Report. neither Party may contract for the sale or use of the Supply Facilities to any other entity or person who is not a Retail Customer of any Party without the approval of the other Party and compliance with the terms of this Agreement. Any revenues derived from the sale of water to another entity shall he paid to the Managing Agency. Net proceeds from such sales shall he credited back to the Parties based on a method as mutually agreed. Net proceeds shall be those proceeds remaining after expenses, renewals and replacements and contingencies are paid. Page 43--Lake Oswego-Tigard Water Supply Agreement ( knockirtmiy and Se ting...41 rM.ncnl Scttingsl'rem}xtan In cines FiledCnntens i?tilkx 12 ) 2WYX\ t.';t+)t+d,,c, ARTICLE XII OPERATIONS MANUAL 12.1 Operations Manual Not later than 180 days from the date of Substantial Completion of the Initial Expansion, the Parties shall adopt an Operations Manual for the Supply Facilities. which shall include, hut not he limited to, agreed protocols and methodology to provide for water quality.treatment standards and protocols,and for the equitable. effective and efficient operation of the Supply Facilities in accordance with generally accepted utility practices regarding the operation, management, capital improvements, and expansion of all aspects of the Supply Facilities. The Operations Manual may be updated as required. The Operations Manual shall also provide for an Operations Committee("Operations Committee"),which shall consist of one designee of each of the Parties, as set tomb in Section 12.2 below. Not more than 30 days after substantial completion of the Initial Expansion each Party shall appoint one person to develop the Operations Manual. 12.2 Operations Committee Each Party shall appoint at least one person technically knowledgeable in utility system operations or engineering to the Operations Committee. A Party may allow other attendees, but in no event shall a Party have more than one vote in making a recommendation to the Oversight Committee created under Section 3.3. The Operations Committee shall report to the Oversight Committee not less often than quarterly. The Parties may choose to designate the Technical Committee as the Operations Committee. 12.3 Curtailment Page 44 -hake Oswego-Tigard Water Supply Agreement U=13ocurccnts and SettI n\steel\lA cnl Scttingsl'remyux:ny Interne rile.cK'onunt Outlook\I2D$2 WY X\1 N3039 do The Operations Manual shall reference each Partys Water Management and Conservation Plan. The Parties agree that if an emergency or water shortage requires restriction on the deliverable supply of new Capacity developed after the effective date of this Agreement , the reduction in available water shall he shared equally among the Parties. Page 45 -Lake Oswego-Tigard Water Supply Agreement C:\1kecumcnI.and<etiin0grut\Lncal SeUin.\temporary Internet l tieslt'nntcnt r>Jtk+ok11:1182WVMIS+rr39 dm, ARTICLE XIII WITHDRAWAL, TERMINATION OF MEMBERSHIP, SALE OF ASSETS AND DISSOLUTION 13.1 Complete or Partial termination of Interest Any Party may elect to terminate all or part of its participation in this Agreement and withdraw from the Supply Facilities as designated (full or partial) by giving written notice of its desire to terminate to the remaining Party(ies), and stating a date for termination vhi:h shall be not less than two (2) years from the date of notice. The remaining Party receiving notice of termination shall have the first option to purchase the terminating interest. if Tigard terminates in whole or in part. the purchase price shall not include any value for water as those water rights remain with l.ake Oswego. If Tigard completely terminates from this Agreement, it shall not receive water unless Lake Oswego agrees in writing. If Tigard partially terminates, its 14 mgd capacity shall be adjusted to reflect its retained, proportionate interest. The Parties shall meet for the purpose of establishing the price for the terminates interest The meeting shall be held within 90 days following receipt of notce of termination. Notice to the selling Party of the other Partys intent to buy all or a portion of the terminating interest shall be given no later than three (3) months after receipt of the written notice of the Party's desire to terminate. if the remaining Party purchases less than the fill] portion of the terminating interest. the Parties also agree that any unpurchased interest may be sold to another local govertunent party s;, long as that other local government party becomes subject to all terms and conditions of this Agreement. The terminating Party shall use best efforts to find Page 46--Lake Oswego-Tigard Water Supply Agreement r '1),,u cr,:";and Satinyrte l Seumgs`n •emporary Internet File:\Content O utI k''.12D 2W iXU$3039 d,x another local government partner to buy the remaining unpurchased interest or to assign or lease capacity so as not to unduly burden the remaining party. Consent by the remaining Party for another local government party to purchase. take assignment or lease the Supply Facilities to this Agreement shall not unreasonably withheld. Any assignment or lease of an unpurchased interest to another local government shall not relieve the Party from its obligations under this Agreement. Negotiations of the terms of sale, assignment or lease to another local government Party shall include the non-terminating Party as to those terms which directly impact its operational and financial interest. 13.2 Sale of Assets A Party may offer to sell to the other Party its ownership interest in an identified portion of the Supply Facilities (e.g., a percent of the 'transmission System). Notice of the proposed sale shall be given to the other Party by the Party wishing to sell. Such notice shall specify the material terms and conditions of the sale. The terms and conditions of Section 13.1 shall apply. The Party may also assign or lease the unpurchased interest to another local government Party. Consent to such assignment or lease shall not be unreasonably withheld or relieve the Party from its obligations under this Agreement. 13.3 ValuatLn of Interest The Parties shall meet to agree upon a price within 90 days of the receipt of notice under Sections 13.1 or 13.2. The price shall be fixed by determining the terminatinglselling Party's interest in the subject assets using the Depreciated Replacement Cost Value. Nothing herein shall prevent the Parties from agreeing Page 47--t.ake Oswego-Tigard Water Supply Agreement ( \\.nocumrntsandSrttincsli cc\.toral Scningffi'ntpnrarvIntnnctHes\ContentOut}ookA)2t)82WYX1183034doe upon a price through negotiation and unanimous consent. Sales, assignments or leases to third parties are not subject to the valuation formula of this Section. 13.4 Payment The payment price for the subject interest shall be paid in full on the date of termination set forth in the notice of intent to terminate/sell or award of arbitration or court. Interest shall commence to accrue from the date of agreement arbitration or judgment at the Local Government Investment Pool rate. If a Party fails to pay the purchase price in full at the date of termination, then the terminating/selling Party shall have the right to sell or transfer or assign the subject interest to any other government entity as provided in Section 13.1 or 13.2. 13.5 Default and For Cause Termination The failure of a Party to perform any duty imposed upon it by this Agreement shall constitute a default. The non-defaulting Party shall have the right to give the defaulting Party a written notice of default. which shall describe the default in reasonable detail and state the date by which the default must be cured, which date shall be at least 60 days after receipt of the notice of default, except in the case of a failure to advance funds, in which ease the date shall be 30 days after receipt of the notice of default. 13.5.1 Opportunity to (tare. If within the applicable period described in Section 13.5 the defaulting Party cures the default, or if the failure is one (other- than the failure to make payments) that cannot in good faith he corrected within such period and the defaulting Party begins to correct the default within the applicable period and continues corrective efforts with reasonable diligence Page 48—Lake Oswego-Tigard Water Supply Agreement C\.t)ocunicnts and Settings\greer\local SmalpY'i'4mtporary Immo Niles\Contcut.t'Mtlookt 12952 WYX11>33039.doc until a cure is effected. the notice of default shall he inoperative, and the defaulting Parti shall lose no rights under this Agreement. If, within the specified period, the defaulting Party does not cure the default or begin to cure the default as provided above, the non-defaulting Parties at the expiration of the applicable period shall have the rights specified in Section 13.5.2. 13.5.2 Rights Upon Default. If the defaulting Party has not cured the default as provided in Section 13.5.1, it shall have no voting rights under this Agreement until the default has been cured. In addition, the non- defaulting Party may pursue any other remedy available at law or in equity against the defaulting Party, including but not limited to, an action for damages, costs of obtaining substitute water or other performance. 13.6 Dissolution of the Agreement This Agreement may be dissolved by mutual agreement. Upon dissolution, the Panics shall agree on a Dissolution Plan and schedule to wind down and dissolve the business affairs. Unless modified by the Dissolution Plan, the dissolution shall he effective only atter all debts and obligations are paid or provision for payment is made. Each Party shall assume a share of the debts and obligations in proportion to their ownership in the Supply Facilities unless the instrument or transaction that created the debt or obligation specified otherwise. The Panics shall execute those documents necessary to vest proportionate ownership of the Supply Facilities and Property in each Party and execute a post dissolution water supply agreement and a management agreement for the Supply Facilities and Property. Nothing herein shall prevent a Party from accepting cash or other Page 49 Lake Oswego-Tigard Water Supply Agreement C 11)ocumrnts and Senint reet\Local Settinpsl lcmpotun Internet Files\C'ontent(hrtlook'',121182 A YX'I F3039 dui. consideration in lieu of continued proportionate ownership in the Supply Facilities and Property. The cast of dissolution shall he treated as an operation and maintenance expense. 13.7 Post Initial Expansion Water for Tigard. After substantial completion of the Initial Expansion, if Lake Oswego elects to terminate this Agreement. or if the Parties mutually agree to dissolve this Agreement, Lake Osv,ego agrees to provide 'Tigard with treated water sufficient to supply 14 million gallons per day so that Tigard is always assured of having sufficient source to supply its capacity share and usage of the Supply Facilities. If Tigard is allocated additional capacity in the Supply Facilities by the Long Tenn Expansion. the provisions of this section shall apply to that increment of water. Negotiation of a mutually agreeable water supply agreement shall he a condition precedent to any termination of this Agreement by Lake Oswego or Dissolution Plan. 13.8 Unreasonable Withholding of Consent. Unreasonable withholding of consent shall be those reasons other than financial considerations, availability of alternate water sources, water usage characteristics, water service territory, water demand forecasts,technical or operational expertise. history as a recognized local government water service provider, ownership. control or operation by or for a private entity or person.and other relevant matters considered in reasonable and prudent utility management. Page 50 Lake Oswego-Tigard Water Supply Agreement r\lieu umeos nd Srttinkospreer1Lmal Serimz\Temp'rany Internet Fiir'\Cantent Outlook.'"21A2WY dot- ARTICLE XIV DISPUTE RESOLUTION 14,1 Dispute Resolution The Parties hereby agree that resolution of any disputes shall follow the steps as set forth in Section 14.2. However, nothing shall prevent the disputing parties (Disputing Parties) from waiving any of the steps by mutual consent. 14.2 Dispute Resolution Steps Step One: (Negotiation) The City Manager or other persons designated by each of the Disputing Parties shall negotiate on behalf of the Party they represent and attempt to resolve the issue. If the dispute is resolved at this step,there shall be a written determination of such resolution, signed by each City Manager or other designated persons and ratified by the governing bodies, which shall be binding upon the Disputing Parties. Step Two: (Mediation) If the dispute cannot he resolved within thirty (30) days at Step One, the Disputing Parties shall submit the matter to non-binding mediation. The Disputing Parties shall attempt to agree on a mediator. If they cannot agree, the Disputing Parties shall request a list of five (5) mediators from an entity or firm providing mediation services. The Disputing Parties shall mutually agree on a mediator from the list provided. Any common costs of mediation shall he home equally by the Disputing Parties. If the issue is resolved at this step. a written determination of such resolution shall be signed by each City Manager or other Page 51 --Lake Oswego-Tigard Water Supply Agreement ('`,1) cument:and Sett ingslr ecrliSetting ,Tempe'rary Internet Files\C'ontem.rluttook112D82WYX\ 83039.drx- designated persons. and ratified by the governing bodies, which shall he binding on the Disputing Parties. Step Three(Arbitration) After exhaustion of the preceding processes. all disputes or claims arising out of this Agreement shall be submitted to binding arbitration under the rules and processes of U. S. Arbitration and Mediation of Portland. Oregon or similar mutually agreed process. Each Disputing Party shall select an arbitrator and the two shall appoint a third arbitrator. All costs of arbitration shall he borne equally. The Oregon Rules of Civil Procedure relating to discovery and the Oregon Evidence code shall apply. The decision of the panel shall be binding. Nothing herein shall prevent the Disputing Parties from selecting a single arbitrator by agreement. 14.3 Lcgal_f ees Each Disputing Party shall bear its own legal and expert witness fees at all stages of proceedings. including any appeals. Page 52—Lake Oswego-Tigard Water Supply Agreement CADocuments uments and Settmp:grecrll.ocal SettmgN'7cmporurti Intcuie FesIC relent Outlonl,113[t82WYX\I83O30 dux ARTICLE XV COMPLETION OF INITIAL EXPANSION OF THE SUPPLY FACILITIES 15.1 Modification to Agreement Within three years after completion of the Initial Expansion, the Oversight Committee shall undertake a review of all agreements and operations and to consider the need for any modification to the terms and conditions of this Agreement. At the recommendation of the Oversight Committee, the Councils for the Parties may consider: 15.1.1 Modification to the existing Agreement(s); 15.1.2 Replacement of existing Agreement(s)with a new Agreement: 15.1.3 Creation of a Supply Agency under ORS Chapter 190. Page 53 --lake Oswego 'Tigard Water Supply Agreement c%,1)octnAe1115andSC1tiLp\ireer\1 alSc: `almtprtrar)Mime Files1rontent Inol<11 Ds 2 WYX 1S 3139 chx ARTICLE XVI NOTICES Any notice herein required or permitted to be given shall be given in writing and effective when actually received by hand delivery or by the United States mail. first class postage prepaid. addressed to the Parties as set forth below. The Parties shall notify the Managing Agency of any change of address or title for receipt of notices under this Agreement. LAKE OSWEGO: The City of Lake Oswego Attention: City Manager 380 A Avenue P.O.Box 369 Lake Oswego,OR 97034 TIGARD City of Tigard Attention: City Manager 13125 SW Hall Blvd. Tigard. OR 97223 Page 54--lake Oswego-Tigard Water Supply Agreement C•Ikxuments and SeninE.clgrec ocal Scttingslrcmprrary Internrt Filcs(ontcot Outlook\121:42 WYX1.1 8300 doe ARTICLE XVII GENERAL PROVISIONS 17.1 Instruments of Further Assurance Frc�n1 time to time,at the request of a Party,each Party shall,without further consideration, execute and deliver such further instruments, and shall take such further action as may be reasonably required to fully effectuate the purposes of this Agreement. 17.2 Entire Agreement This Agreement embodies the entire agreement and understanding between the Parties hereto with respect to the Supply Facilities and supersedes all previous agreements and understandings relating to the Supply Facilities except as provided herein. The Parties agree that the existing Agreement for Water Service effective July 1, I983 shall terminate as of the date Initial Expansion is substantially complete. 17.3 A.signnient..Sale or Transfer No Party shall have the right to sell. transfer or assign its interest in this Agreement (or any portion thereof) or asset(s), without the prior written consent of the other in accordance with requirements of this Agreement. No Party may sell, transfer, assign its interest or sell water to an existing wholesale customer in the other Party's service area as set forth on Exhibit 2 without the prior written consent of the other Party in accordance with the requirements of this Agreement. 17.4 Sem erahiiitvv In case any one or more of the provisions contained in this Agreement shall be invalid, Llegaf, or unenforceable in any respect. the validity, legality and Page 5 —Lake Oswego-Tigard Water Supply Agreement C Ukrumcnts and SetingglgreesLocal Settings iem w uy(maw F+leAContvA.Outloelt1121)82WYX11fi3034.doc enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 17.5 Counte_parts This Agreement may he executed in any number of counterparts and by the Parties or separate counterparts. any one of which shall constitute an Agreement between and among the Parties. J 7.6 Headings The Article. section and subsection headings contained in this Agreement arc for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. 17.7 Force Majeure No Party shall be considered in default in the performance of its obligations under this Agreement to the extent that the performance of any such obligation is prevented or delayed by any cause, existing or in the future, which is beyond the reasonable control of the affected Party, including. hut not limited to. Acts of God, earthquake, labor disputes. civil commotion, war events beyond the reasonable control of the Parties, such as regulatory restrictions or requirements. permit issuance. and the like. In the event a Party claims that performance of its obligations was prevented or delayed by any such cause. that Party shall promptly notify the other Parties of that fact and of the circumstance preventing or delaying performance. Such Party so claiming a cause of delayed performance shall endeavor to the extent reasonable to remove the. obstacles which preclude performance. Page 56- Lake Oswego-Tigard Water Supply Agreement t"Ik+cunient.and SettinggtF;rccr\10,a'saninpVtempcxan Internet Fites\Content Outiook!12D82W'YXt100394 c 17.8 Consolidation. Merger. Annexation l 7.8.1 Change of organization is defined as the consolidation or merger of a Party with another city under ORS 222.610 et seq. 17.8.2 Any new entity created by change of organization involving a Party to this Agreement shall require prior consent of the other Party as to the successor or surviving entity's entitlement to be an owner of the Supply Facilities, based on the entity's legal, financial and technical ability to assume the original Party's obligations under this Agreement. Such consent shall not be unreasonably withheld. If the surviving or successor entity is approved, the original Party/Parties' obligations and rights hereunder shall be binding upon and inure to the benefit of the surviving or successor entity, and that entity shall be subject to all obligations of this Agreement. 17.8.3 Annexation of or provision of service to an area beyond that area identified for each party in the Carollo Report, and any transfer of a Party's territory to a Water Authority formed by one or more cities. water districts, or both. shall require the prior consent of the other Party, which shall not be unreasonably withheld considering capacity and demands and other system factors. Annexations or service to identified areas shall not require consent. 17.9 Su1'vi\al of Covenants Any provision of this Agreement which. by its terms has or may have application after the expiration or earlier termination of this Agreement, including all Page 57- Lake Oswego-Tigard Water Supply Agreement t:tt)ncllnwClnt3 and SetttngsigrterU.oval Srttutvsircauxasry intcrnel kits\Content tfutlaol:'',I2U82WYXU l 3034 cftu covenants, agreements, and warranties, shall he deemed to the extent of such application to survive the expiration or termination of this agreement. 1 7.10 Indemnity To the extent permitted by the Constitution and laws of Oregon. each Party agrees to defend, indemnify and hold harmless the other from and against any and all actual or alleged claims. damages. expenses. costs, fees, including hut not limited to attorney. account, paralegal, expert and escrow fees, fines, environmental costs and/or penalty (collectively "costs"), which may he imposed upon, claimed against, or incurred or suffered by the Party, unless and to the extent it was resulting from an individual Party's negligence or willful misconduct. 17.11 No Third Party Beneficiaries The Parties hereto are the only Parties to this Agreement and the only persons or entities entitled to enforce its terms. IN WITNESS WHEREOF the Parties have dated and signed this Agreement. CITY OF LAKE OSWEGO CITY OF TIGARD / Mayor Mayor Dated r Dated J j ____ L2 Attest C6b64e4.4 k. Cita Recorder City Recorder s"- '9- 08 Dated. "`� Dated City Attorney City ttorney Page 58—Lake Oswego-Tigard Water Supply Agreement t'.1kKumrnts and Settinslgerflocal Settings\temporary'Memo F i)esit'tmtent.tAdtmk)2lJ 2WYX,I83039 dot: . n 11 ! I ,1 , ,, .1 5 Imiliiig PPOdigR 116T . , , g vilx 111111WWITIMIVII Mill 1 LI .„ ....- ' 1 f 4 1 1144 1 HI 1 qt:OriT4 ill;;; iFiriiiIP:g!ifihliiin TO! 1 f ! It •t 4 1 . - ::-..a. -- E i 4 !, ' 1_ 1 ! 11 1 !I 1 ll 1 155 ; UMW 01:;115 ii!!;: 5 ill:WINWA;011=1 1111! I ii 4 - -- I 1 i:5 E !! 1.11 !!!! BISB!!!!!! IIBIBB3563S56151059515155B5555MIll !MI W I 1 4i! 5 n!!!iill! WiN !' 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I / r' f rr'. • �Cp ?FAN tit ara. 1 c _ 1 �� .K '" r4�f'• 5 drmi --W11LbS S., A —su..t. o .mp,....far, , / A 1—N........y,J savf.e Ar.a __. 1=i - Q Stafford Triangle(8aud-0uf) IOWAN* /A "'� ?` Figure 1.1 LAKE OSWEGO SERVICE AREA 0 0.1 1 JOINT WATER SUPPLY SYSTEM ANALYSIS Lo707f1.1 ''°i CITY OF LAKE OSWEGO AND TIGARD WATER SERVICE AREA .1--- •--"'"' —OE P' ....-- ........-4 ill '4 . . , . I . . 1 I .... El .. ; i. C.- 1 f.!'v'T.41L-..•••--.4* Maw Bosom I )11/11v •0';'' .... _ .5 V ' •I ki.: 1 4114,.... 1 /"....- ./ :. . . I• Ai - — • f......... , A. —I ? ..,.....--* \ . . .. 1 1111.1•Ressiv• Po 4. .- . A t f . ..."' ...... L .--...XPOI - Lagerd •III I ,..-40 iliNis ----Prossurg ---• —- •SIALAM-..---- . : • it NNW IlenifseAres ..,. _ .. 1=1 lipid — 10111 WW1 Reserve ANNNI MOWN .....•"----'... Vol=Reoirra /// Figure 1.2 mTIGARD WATER SERVICE AREA gpplivamimmAce JOINT WATER SUPPLY SYSTEM ANALYSIS . . LoINTNI.2-16215.al CITY OF LAKE OSWEGO AND TIGARD WATER SERVICE AREA it "' EXHIBIT 3 Map of SupplyFacilities µ , Walu a Reservoir a **rho., x tt x Bonita Pump kill ' Station . . g°l ak �, s ra t 4 � ` 40 o 1 ,R - u ," d Ary"'° M° pa ., " r 1 Lake Oswego t s ,. , . .. WaterTreatm en Plant .a nu , 4 m.Sn-may .< rt r • vy r• ir ° Clackamas River intake ,Lr‘ I. Existing and a Proposed Parallel Pipeline ` 0 iMfles _ . Exhibit 4 City of Lake Oswego Water Rights Summary Permitee Applfcntinn'Permlt# ( :Authorized Authorized Amount Amount Priority Source amount place of ; developed/certlficate# tin dr \. loped Date water c fs/mgd) ! use (cfs/mgd) (efs/mgd) _ City of , S43365/S32410 50/32.32 City of Lake 25116.16/C78332 25/16.16 3/14/1967 Clackamas ,kc Oswego and River Oswego City of Tigard` City of S50819/S37839 9/5.81 City of 0 9/5.81 7/5/1973 ' Clackamas Lake Tualatin and i River Oswego Tigard Water District- Notes: 1.The City of i Ike Oswego is currently seeking extensions of time to fully use all water authorized under permit Nos.532410, S37839 and S43246. Proposed Final Orders(PFO)approving the City's request ar, pending at Water Resources Department (WRi)) in Salem. It is expected pmtests will he filed on :he I'FO's once they are issued lot public comment. 2.The City has submitted its water management and conservation plan to WRD and no public comments on the ! tan were fi!cd during the 30-day public comment period. An approved WMCP is required before the City can access any portion of undeveloped water noted above. 'Permit Amendment T-8358 amended Permits S32410 and S37839 to include the City of Tigard as authorized places of use. Permit S37839 was granted to the City of Lake Oswego for the benefit of the Cities of Tualatin ririti:he Tigard Water District. Exhibit 5 Supply Facilities Capital Improvement Program (To be added following adoption by each Council) EXHIBIT_6_ DFTFRMINATION OF TIGARD BUY-IN Net Tigard Original Cost Reproduction Allocation Tigard ars 1ssr1 Tax Map TAN Lot Clackamas Co.Deed Cost Clackamas River Intake& Pump Station S 1.91:,733 S 1,832.454 0.00% S - Clackamns River Intake Land* 2 26 20CA 15001 13k 173,Pg 900-902 5 S 14/38 S Computer Sestet/Software S 214.222 S 70.978 14/38 5 26.159 Finished Water Transmission S 2,111,711 S 5,384,358 0.00% S - General Plant 5 61.500 5 15,274 14/38 S 5,627 i Raw Water Transmission S 612,137 S 2,415,157 14/38 S 889,795 + \c,,,,,.,Reservoir S 1,281,427 S 1,940,065 0.00% 5 - WValuga Reservoir.Land Reservoir Property 2 IL 07 AD 03100 Doc 72-06414 5 8,416 S 21,340 14/38 5 7,862 Waitngn Res t*1' 2 IE 07AD 00700 Doc 76.36977 a/a S 329.841 14/38 5 121,520 4800 Carmel,Dr' 2 IE 07AD 00900 Doc 92-063461 n/n S 237,346 14/38 5 87,443 Vacant Parcel" 2 I E 07AD 0100C Doc 92-063461' n/a S 253,485 14/38 S 93.389 Water Treatment Plant S 9,731,005 5 11,489,095 0.00% S - Water Treatment Plant Land 4260 Kcntharpc Way-parcel I• 2 I L 2411D 00300 IlL 688,Pg 581 S 83,797 S 595,491 14/38 5 219,391 4260 Kcnthnrpe Way-parcel 2e 2 1E 24BD 00401 Doc 79-35248 11/a S 601,670 14/38 5 221,668 xxxx t Tarleton Dr' 2 1E 241130 01200 Doc 89-10200 n/n S 132,652 14/38 5 48,872 4245 Mapleton Dr' 2 IE 24BD 01400 Dnc 89-13210 n/n S 2.58,916 14/38 5 95.390 4305 Mapleton Dc' 2 1E 24BD 01300 Doc 95-33429 nra S 306,346 14138 S 112,864 4315 Mapleton Dr' 2 1E 24BD 01500 Doc 89-13210 n/a S 258,916 14/38 5 95.390 Total, I-s,1)06-108190 S 1 15,948 S 26,143,384 S ....(12f,.VII •*. ,.,:.•t.w,n-,m,c.item m*eper!rc:a,^1a1;11, ,+<+•„r,vwe,me mrar,r,,fatr 4P•.I V Tame ce,n ac wee 110,0rv0,.,,he lot ongil,,i cost Tired NMI LO will need N clime m rndyed apfrasal afbeM,antra,sod resolve*NAI Foals we material no this venom*Raw descrosiorists the neat twin raft NfAT: live Y.hosed so 14 we 0(A sqd capacity atbCYeda Nara. en Ngeedwlias Cost Weirdos ea[abti,e hh BM WO deyueiris, EXHIBIT_7.. ALLOCATION OF SYSTEM IMPROVEMENT COSTS TO THE PARTIES Cost of Lake Oswego Tigard Improvement Allocation Allocation (in 2006 5) (%) Share(5) (%) Share(5) Water Treatment Plant -Existing Plant n/a 100.00% n/a 0.00% $ - -32 mgd Expansion S 39,430,000 2/16 $ 4.928,750 14/16 $34,501,250 -38 mgd Expansion nra 100%** n/a 0.00% $ - Raw Water Intake and S 4,440,000 24/38 $ 2,804,210 14/38 $ 1,635,789 Pump Station Raw Water $ 23 920,000 24/38 $ 15,107,368 14/38 $ 8,812,633 Transmission Main Finished Water Transmission Main -Reaches 7-10 $ 38.220,000 24/38 $ 24,138,947 14/38 $ 14,081,053 -Reaches 11-12 $ 17.020,000 8/22 5 6,189,091 14/22 $ 10,830.909 Storage(MG) $ 4,010,000 1.0/2.5 5 1,604,000 1.5/2.5 $ 2;406,000 Bonita Road Pumping Station $ 1,700,000 0.00% $ - 100.00% $ 1,700,000 Total Costs $ 128.740,000 42.54`'r $ 51.772.366 5..45",4: $73,967,634 ••Project costs arr prrscntcd in 2004 dollars.Actual erns will depend on project sort and completion dates. •••Second(6 mil expansson is currently assigned to Lake Oswego. Cone=provides for potential reallocation byasetement. FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES, DESIGN, CONSTRUCTION,AND OPERATION THIS FIRST AMENDMENT to Intergovernmental Agreement Regarding Water Supply Facilities.Design, Construction, and Operation (First Amendment) is effective this q1y1 day of aper , _,2008, by and between the City of Lake Oswego (Lake Oswego), an Oregon municipal corporation, and the City of Tigard (Tigard), an Oregon municipal corporation. Recitals WHEREAS, on August 6, 2008, the Parties executed the Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction, and Operation (Agreement); and WHEREAS, the Agreement contained various exhibits setting forth current assets and values thereof, as well as identification of assets to he constructed and construction cost estimates; and WHEREAS, the Agreement provides that from time to time the exhibits would be revised based upon further evaluation and studies and specifically that the valuation of existing assets would be conducted; and WHEREAS,the valuation of certain assets has occurred and the Parties agree that certain exhibits should be amended to reflect this updated valuation and also that some existing assets should be deleted from the exhibits; and WHEREAS, based upon the revised exhibits, the Parties further agree to amend the amount of the initial payment to be made by Tigard to Lake Oswego to acquire ownership in the existing supply facilities reflecting the updated valuation information, and being fully advised, NOW, THEREFORE, THE PARTIES AGREE TO EXECUTE THIS FIRST AMENDMENT AS FOLLOWS: Section 1. Amendment of Exhibits 1, 6, and 7. The Parties agree to adopt Exhibits 1, 6, and 7, attached hereto and incorporated by reference. The assets set forth in these Exhibits are the assets subject to the Agreement. The Parties agree that the Mapleton Drive properties (21E24BD Tax Lots 01200, 01300, 01400, and 01 500) (Mapleton Properties) arc not included as assets subject to this Agreement, but shall be added in the future if any permitting authority requires improvements or dedications of any kind on the Mapleton Properties as a condition of approval of Project improvements to the Water Treatment Plant Facilities or if the Mapleton Properties should otherwise become necessary to he utilized as part of the Project. If the Mapleton Properties are added, appraisals will be performed and the exhibits shall be modified as necessary to include the Mapleton Properties at the appraised value. Upon the addition of the Page- I FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES,DESIGN,CONSTRUCTION AND OPERATION Mapleton Properties, Tigard shall pay Lake Oswego a sum equaling the percentage of the appraised value of those properties that equals Tigard's percentage of ownership of those properties as stated in the original Exhibit 7 to this Agreement. Addition of other assets and valuation thereof may be made by subsequent agreement of the Parties and amendment of applicable exhibits. Section 2. Section 4.1, System Ownership. The Parties agree that Section 4.1, System Ownership, shall be amended to read as follows: "4.1 System Ownership On or before June 30, 2009, Tigard shall pay to Lake Oswego the principal amount of Two Million Eight Hundred Twenty Thousand, Five Hundred Fifty-Seven Dollars ($2,820,557.00), together with interest on the principal amount at the rate Lake Oswego would have received if said principal was invested in the Local Government Investment Pool from the date of this First Amendment to the date of payment. Lake Oswego agrees to dedicate the amount paid as working capital to the Project. Upon payment, Tigard shall be granted by this Agreement an equitable interest in the Supply Facilities as if it were a vendee under a land sale contract. Title shall transfer upon completion of the Initial Expansion of the existing Supply Facilities. The Parties shall each then own undivided interests in the Supply Facilities and Property. Such ownership shall be a percentage ownership in the Supply Facilities component as set forth in the exhibits in this Agreement. The existing assets shall be valued as shown on Exhibit 1 and the contributing partner shall receive a credit for the asset value. If the Initial Expansion is not constructed,Lake Oswego shall refund the amount of Tigard's payment to Lake Oswego plus interest at the LGIP rate within 30 days of the decision to abandon the Project and Tigard shall have no further ownership or equitable interest in the Lake Oswego Supply Facilities and Property. Tigard will execute any document required by Lake Oswego to convey any interest Tigard may have in Lake Oswego Supply Facilities and Property. Tigard's purchase of its percentage share of the Supply Facility assets shall be by capital contribution,mutually approved in kind contributions or payment of design,permitting and construction costs for the system expansion so that upon completion of the Initial Expansion, Tigard's contribution shall equal its percentage ownership as shown in Exhibit 7. Lake Oswego's percentage as shown in Exhibit 7 is based on its contributed assets,financial contribution to the Initial Expansion mutually approved in kind contributions and other mutually agreed factors." Section 3. Section 5.1,Creation of Common Ownership. The Parties agree that Section 5.1, Creation of Common Ownership, should be amended as follows: Page-2 FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES,DESIGN,CONSTRUCTION AND OPERATION 5.1 Creation of Common Ownership Title to or easements rights to all properties over, under or upon which Supply Facilities are or shall be located (Property) shall remain in the name of Lake Oswego until the conclusion of the Initial Expansion. Tigard shall have an equitable interest as if it were a vendee under a land sale contract. Within 90 days following substantial completion of the Initial Expansion, Lake Oswego will, by Warranty Deed, convey to Tigard an undivided proportionate interest as tenant in common in the Property as set forth on Exhibit 6, attached hereto and incorporated by reference. The Parties agree the Property owned by Lake Oswego as of the date of this Agreement shall be valued in 2008 dollars. Property acquired after the date of this Agreement shall be acquired proportional to ownership according to the purchase price paid. Closing costs for the Lake Oswego transfer to Tigard shall be shared equally." Section 4. Entire Agreement. In all other respects, the Agreement dated August 6, 2008, is in full force and effect except as may be specifically amended by this First Amendment. IN WITNESS WHEREOF the Parties have dated and signed this Agreement. CITY OF LAKE OSWEGO CITY OF TIGARD 6&e. Mayor Mayor - .;26fCe Dated Dated Attest � Cbtra Attest a,'C K 141 T`?<-C� City Recorder City Recorder 1?- c . Z.0 Dated Dated ~-> I ��-City Attorney ' City Attorney Page-3 FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES,DESIGN,CONSTRUCTION AND OPERATION a gtt a 2 § H .i i -121140442 SRRREIRRIEE iii g�gnng mU LAR§i walaxmi g§,UN „ '1 F a § § 2: `s s R .r 2 1 _ 2L4li�?.' 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" n P.}D › ~ t, 5 pi U1 abwmaES w sN a awtL08.1ul in oNu, itu'iil�F F;so ii www, 4A5 .0 a e i h q g £ ��7 N t]. h i1 a _._. O © ��. w w ._ OP r.-.- nnnv v.v v v EXHIBIT _6 DETERMINATION OF TIGARD BUY-IN 1 — Nei I i{•artl 0i-initial Cost Reproduction Allocation 1 igard Share Asset Tac Map 'rax Lot Clackamas Co.Decd Cost y t la•Icl:aol:% Itiu rr intake R l'mop Station S 1.91 L7:3 S 1.832.454 0.00% $ ('laekamak Itis er Intake I and* 2 2E 20('A 15001 Ilk 173.Pg 900-902 S 10..1511 S 260.0(X) 11/38 5 95,789 t "mower!..0 IrmfCnrrfsa,e S 214.222 S 7).31I 1138 S 26.641 [Unshed 11 atcr I ransmissiun S 2.I 11.7I I S 5.440,227 0.4)0"6 S - I'cncrall'lant S 61,50) $ 15.561 14/38 $ 5,733 Ran Water'Transmission S 612,137 5 2.460.521 14138 $ 904.508 Waluga Reservoir S 1.281 427 S 1.960.196 0.00% 5 • SValuga Reservoir:Land Reservoir Property 2 IF.117 Al) 03100 Ikm 72-06.114 n/a S 342.491 14/38 5 126.181 Waiuga Res 411' 2 IP.07A1) 007(x) Doc 76-36977 nfa 5 1.359385 14/38 S 500.900 4800 Carmen Dr' 2 1E 07AD (111901) Doc 92.063461 5 32330(1 $ 913.309 14/38 S 336.482 Vacant Pared' 2 IF.07AI) 01000 [Mc 92-063461' S 323,300 $ 913.309 14/38 S 336,482 Water Treatment Plant S 9.731.005 S 11.70.1.894 0.00% 5 - Water Treatment I'I:u1t Land 1260 Kentho,1n:Wit) -pat eI I" 2 I I:24111) 110:110 Ilk 688,1'g 5R I 'IA 5 2.343.796 14 38 $ 863,504 .12(10 kenlhorpe Way-parcel 2* 2 11-:24131) 0114111 Doc 79-352.18 ora $ 262.815 14r3R $ 96107 424 44apl 4nn4)ri 2.1E.24410 01-200 Roc 89-10200 g_______45.,400 ¢--- 382:166 14/38 ($140;70R) 430SMapleton4 - 4414-2468 013011 11o0464,34 39 4-- —490;000 $--:(z(-44 14/30 ($1.39,390) 431S Mapleton Dr! 2 1R 24110 03400 Doc-89 13210 4 -----116:000 $ 713:344 34/38 0339,390) xxxx--Mapleton-Dr' 2-1F-24111) 01.500 Doc 89-1-3210 S - --- --1-16;000 51119;04 1-4/38 (464;911) 1 at:l lv _ _ ' ICS!:'00(3.I n8190 S 17.087.785 S 31,169.368 S 2,820,558 -s.r•+r .,,;ate.,:n.•Ino these prmettirt are tined cm an ansarssl.nndotted M tote,a ResitsRrsrmetrs(fu1s•'t%t (/1IHIv I rrluidaurm\'aloesInt rsrtels not snorter it,adhtgt41/1.a3114s ommtmenr! .x l..,,,.,....•r,,,ed,1.1 mer of I%med r,nottlt snotueel to Itp rd ',it rrr-,.•J,.r.•"(ba rnrlrwles escalarwn by('.5 Ins derrnr.arrnr. EXHIBIT 7_ ALLOCATION OF SYSTEM IMPROVEMENT COSTS TO THE PARTIES Cost of Lake Oswego Tigard Improvement Allocation Allocation (in 2006 $)* (%) Share($) (%) Share(5) Water Treatment Plant -Existing Plant n/a 100.00% n/a 0.00% $ - - 32 mgd Expansion $ 39,430,000 2/16 $ 4,928,750 14/16 $ 34,501,250 - 38 mgd Expansion n/a 100% ** n!a 0.00% $ - Raw Water Intake and $ 4,440,000 24/38 $ 2,804,210 14/38 S 1,635,789 Pump Station Raw Water S 23,920,000 24/38 $ 15,107,368 14/38 $ 8,812,633 Transmission Main Finished Water Transmission Main -Reaches 7-10 S 38,220,000 24/38 $ 24,138,947 14/38 $ 14,081,053 -Reaches 11-12 S 17,020,000 8/22 $ 6,189,091 14/22 $ 10,830,909 Storage(MG) $ 4,010,000 1.0/2.5 $ 1,604,000 1.5/2.5 $ 2,406,000 Bonita Road Pumping Station $ 1,700,000 0.00% $ - 100.00% $ 1,700,000 Total Costs $ 128,740,000 42.54% $ 54,772,366 57.46% $ 73,967,634 '-Project costs are presented in 2006 dollars.Actual cost will depend on project stan and completion dates. •• Second(6 mgd)expansion is currently assigned to 1: :_Ct=ar o. Contract provides for potential reallocation h'cyreement. EXHIBIT 'A' SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES, DESIGN, CONSTRUCTION, AND OPERATION THIS SECOND AMENDMENT to Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction, and Operation (Second Amendment) is effective this 14Th. day of 2 .fl , 010, by and between the City of Lake Oswego (Lake Oswego), an Oregon municipal corporation, and the City of Tigard (Tigard), an Oregon municipal corporation. Recitals WHEREAS, on August 6, 2008, the Parties executed the Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction, and Operation (Agreement); and WHEREAS,the Agreement provides for the inclusion of a Supply Facilities Capital Improvement Program (SFCIP) and incorporates exhibits identifying assets to be constructed and construction cost estimates; and WHEREAS, the Agreement provides that the Council of each Party shall approve a Supply Facilities Capital Improvement Program ("SFCIP"), which will become Exhibit 5 to the Agreement; and WHEREAS, the Agreement provides that from time to time exhibits may be revised based upon further evaluation and studies; and WHEREAS, further evaluation and studies have occurred and the Parties agree that certain exhibits should be amended and new exhibits added to reflect this updated information; NOW, THEREFORE, THE PARTIES AGREE TO EXECUTE THIS SECOND AMENDMENT AS FOLLOWS: Section 1. Addition of Exhibit 5; Revision of Exhibits 3, and 7. Attached Exhibit 5,the Supply Facilities Capital Improvement Program, is hereby added to the Agreement. Exhibits 3 (Map of Supply Facilities) and 7 (Allocation of System Improvement Costs to the Parties) of the Agreement are hereby revised to read as set forth in attached Exhibits 3 and 7. Section 2. Mapleton Properties. The Parties agree that the Mapleton Drive properties (21E24BD Tax Lots 01200, 01300, 01400, and 01500) (Mapleton Properties) are not included as assets subject to the Agreement, but shall be added in the future if any permitting authority requires improvements or dedications of any kind on the Mapleton Properties as a condition of approval of Project improvements to the Water Page - 1 SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES,DESIGN, CONSTRUCTION AND OPERATION Treatment Plant Facilities or if the Mapleton Properties should otherwise become necessary to be utilized as part of the Project. If the Mapleton Properties are added, appraisals will be performed and the exhibits shall be modified as necessary to include the Mapleton Properties at the appraised value. Upon the addition of the Mapleton Properties,Tigard shall pay Lake Oswego a sum equaling the percentage of the appraised value of those properties that equals Tigard's percentage of System Improvement Costs for the water treatment plant as shown in the revised Exhibit 7 attached hereto. Addition of other assets and valuation thereof may be made by subsequent agreement of the Parties and amendment of applicable exhibits. Section 3. Entire Agreement. In all other respects, the Agreement dated August 6, 2008 as subsequently amended by the First Amendment is in full force and effect except as specifically amended by this Second Amendment. IN WITNESS WHEREOF the Parties have dated and signed this Agreement. CITY OF LAKE OSWEGO CITY OF TIGARD Y " Mayor Mayor Qk /2 //31/0 Nfi:( /(\° e) Dated Dated ` vjaW0' Attest 5/� e/\ \la'\�C City ecorder City Recorder ia./, //o Dated , Dated 44,4 \ ap- . City Attorney City Attorney Page - 2 SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES, DESIGN, CONSTRUCTION AND OPERATION Treatment Plant Facilities or if the Mapleton Properties should otherwise become necessary to be utilized as part of the Project. If the Mapleton Properties are added, appraisals will be performed and the exhibits shall be modified as necessary to include the Mapleton Properties at the appraised value. Upon the addition of the Mapleton Properties,Tigard shall pay Lake Oswego a sum equaling the percentage of the appraised value of those properties that equals Tigard's percentage of System Improvement Costs for the water treatment plant as shown in the revised Exhibit 7 attached hereto. Addition of other assets and valuation thereof may be made by subsequent agreement of the Parties and amendment of applicable exhibits. Section 3. Entire Agreement. In all other respects,the Agreement dated August 6, 2008 as subsequently amended by the First Amendment is in full force and effect except as specifically amended by this Second Amendment. IN WITNESS WHEREOF the Parties have dated and signed this Agreement. CITY OF LAKE OSWEGO CITY OF TIGARD !% ,14(0 41v • Mayor Mayor �� �� /1-1 , Dated 1r\k) � Dated fi.v14,WAttest r Q - Cit order fJ-\� City Recorder Dated Dated ...�.�. V City Attorney City Attorney Page - 2 SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES, DESIGN, CONSTRUCTION AND OPERATION t V ; a �" t i r P ,« ,T d^{' -,.... an .,. +,,, It -..1.. h^ - r. 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'44".4710.11bin'.."4111111111111.1111 t4t ® !�t �,� �I aties r �`lic.:1 ___----n _ - .. • • .4.444 ilhAllIN z71 _ plio, •. — �r~ &,.1— " �' t 0.. .,r cf., S" , 1 A t � 4- , �,.,fYi30 ♦ t"a r ' fir ,�� t r •' s st 5 + 1 `A • tiott '1 .7.--• 1N,0 Ir '+.. ! 1r �. #- :s%;�o nt.F :_XA L•Y.. y„k{T r,,;i< .„:.1.: ;'l 'r�T�'•. ii .''''�vA �; • t . ,-%, 4 -Y • Lf 41 :4Lr` if 7 7' : " ls. 7 ifs i } . rc A-s Wilt' c n 7 7 • :' s $a +1:,tr a 4''S �j(i, ,�.s � S 4 :1' • 4j Jrt. '4i.-',1, ¢kt. [E. iii t ••1 i',".`,.1,-°,s` e •' '4 ;033t$ j • .1, a 4VS*"t}1 i•IY.,. .2101 *V.} > • ... .. •'f—i-,‘ j1,r 44 •—....,,;,- }i fl.. 'i"i �I Ar r„4, f � 1- y•`- r (• } ;Y'r \;f• t ° t 1. 4,� 1� pi ` ty, v ;:; ' '-4 ' 4 f L1 'i• f s.. t s1/47:: " ' {. t. 4. -, - i! . f , ,..,,, ;'1 r'•4..;* ItATILI Cha 44A''''''' ‘. y ,•• 4....,.:,,,I. , i • , ,, , z t''. .:t...16 ,t .'e„ 14, ." ' . . it .•'' 11 tie Y _ i 3"kr st vino i„)," 1 may }-- a- rye f,• d Y'^40..„4,1111+.4t1.4! ` t ',tv .At _ • w ry�z 3 5 ? le' • .. . - ta. 1 rLt �' '' 88t1Stlt► t �` 41. Y PK f5 ' Brown Caldwell LAKE OSWEGO/TIGARD WATER PARTNERSHIP EXHIBIT 5 to IGA SUPPLY FACILITIES CAPITAL IMPROVEMENT PROGRAM Summary Project Name: Lake Oswego/Tigard Water Supply Expansion Project Description: Plan, fund, and construct improvements to Lake Oswego's and Tigard's water systems,including an expansion of Lake Oswego's water supply system from its current capacity of 16 million gallons per day (mgd) to 32 mgd,and infrastructure required to provide additional flow to Tigard's water system. Funded /Unfunded: Funded Estimated Date of Completion: July 1,2016 Justification: Intergovernmental Agreement The total projected revenues and expenses for the next five fiscal years are presented in Table 1. Tablet Water Supply Capital Improvements Projected Cash Flow Fiscal Year(S In 000's) Revenue Sourcecrti2t Description 2011-12 2012-13 2013-14 2014-15 2015-16 Total (LO) Operating 0 0 2,800 3,000 1,239 7,039 (LO) SDC's 450 550 550 550 550 2,650 (LO) Bonds 4,615 16,82539,388 28,919 0 89,747 (LO) subtotal 5,065 17,375 42,738 32,469 1,789 99,436 (Tigard) Intergovt'I 5,835 20,015 49,232 37,401 2,061 114,544 Resources Total 10,900 37,390 91,970 69,870 3,850 213,980 Expensest3) Design 5,140 6,390 4,500 790 0 16,820 Proj.Admin. 5,760 6,280 6,390 6,360 1,420 26,210 Construction 0 24,720 81,080 62,720 2,430 170,950 Expenses Total 10,900 37,390 91,970 69,870 3,850 213,980 Notes: (I)Lake Oswego sham of costs= 0.4647 (21 Tigard share of costs= 0.5353 . Total= 1.0000 (3)Expenses are based on Class 3 construction estimates with accuracy of-20°%to+30%. Lake Oswego•Tigard Brown Water Partnership Caldwell sflrrrCwott ca+nttnr romo.u.4*, 1 Exhibit 5-Supply Facilities Capital Improvement Program Program Overview The scope for the project includes design and construction of the following infrastructure: • A new 38-mgd river intake pump station (RIPS)located on the Clackamas River in Gladstone. Initial capacity is 32 mgd but sizing will allow later expansion to the ultimate capacity of 38 mgd. • Approximately 14,000 feet of new raw(untreated)water transmission piping (RWP) connecting the RIPS structure to the Lake Oswego Water Treatment Plant(WTP). • Expansion of the WTP from its current capacity of 16 mgd to 32 mgd,with provision for future expansion to 38 mgd. • Approximately 35,000 feet of new finished(treated)water piping(MVP) connecting the WTP to T Ake Oswego's terminal reservoir located near Waluga Park. • A new 3.5-million gallon (MG)water reservoir at Waluga Park. • Replacement of Tigard's existing Bonita Pump Station(BPS)with capacity of 14 to 20 mgd. The benefits of the IGA and the water supply improvement project include the following: • Tigard's ownership in its water supply and decreased reliance on water supplied by Portland • joint financing of the project by Lake Oswego and Tigard • Increases in pipe size for raw water and treated water transmission • Increased water treatment plant capacity • Increased treated water storage capacity • Increased pumping capacity for Tigard's water distribution system • Increased water transmission capacity to Tigard storage facilities Table 2 provides a more detailed breakdown of costs by year,by project,and by Sponsor. Project Funding Source Lake Oswego: The Water Fund is an enterprise fund used to account for all financial activity associated with the operation and maintenance of the city's water utility system. Water utility improvement projects are supported by water fees,which are restricted to purposes related to construction,repair,and operation of the water system. Additionally,system development charges are recovered from new development projects,but this is a minor portion of the overall funding for this program. Tigard: The Water Fund is the primary operating fund and accounts for all costs associated with the water system,including ongoing maintenance.The Water Fund is an enterprise fund which regularly transfers revenues to the Water CIP Fund which accounts for various capital improvement projects,including the Lake Oswego/Tigard Water Partnership. Tigard also assesses system development charges which are allocated to appropriate capital improvements. Tigard has intergovernmental agreements with the cities of King City and Durham and with the Tigard Water District. Funding Status: Funded trioLake Oswego•Tigard Brown Water Partnership Caldwell tnruu,A.41/1.1 ,-nnrrtsmyy ronin .rs 2 Lake Oswego•Tiga r Water Partnership ,,0 Table 2. CIP Cost Breakdown and AllocationsI 9Dn7,eq:.•,7• 0300/111/0 :010,7011 2012,2011 AWL 101/710/4 9.w.ammo. d la '4. b orange Tlp,d '. I.L.Omega TO,d O9 4Ube Ammo t Toby 1159 T41% 'WOW. 46.47% 51.59% r ,Qv 4647% 6103% 41100, Program Adminis ra0O3 _..0__ o" s7 Ptomain eu° en,e „ 0l.PeDin,,. .• SOMA* 51054000 S2,>e6.0 _ 55,47(),000 : 52,542,000 52,926,000 53.370,000 I S2.!66,6ao 31,00420 62 i0 $4, 0,000 $2,156,000 ! 52.464,000 ;4,640,000 $2,156.00' St,4N,0o0_ sponsor,Land.Ota So.rices 5702.00 . $956.000 5412.000 52,360,000 $1,097,000 S1,263,000 $2,390,000 I $1,111.00 ' 51,279,o00 $1,640,000 I 5762000 I 3920,000 51.750.000 - 5413,005 5937000 PROJECT TOTAL 55150000 $2.412.000 51.7»,000 $1.1.10,000- 53,639.000 $4.191.000 , $5750.000 52,17.t00 53.053,00 56250,000 57,916,000 53,362.000 $4390,000 32,103. 56301,000 RIPS -6-- _ 0esien.naEnglneedn4 $630,000 $366.000 $444.0.30 $550,000 Stss,ao0 5103,000 $190,1x.3 I_ $60,0()0 570,000 -.t Can.axe6on 55.270.000 57.601.000 53,069.000 -59.906000 54601.002 ' 55,199.000 PROJECT TOi37 - � _ . 7444 .....__..__-444 9.050 4444._ 5690000 5396,000 5444,000 6.660000 5138000 5294,000 51.900.000 SP.7a1,00n Tt159,000 , 54,900000 04601.000 55.230000.. RWP Design and Entine819$ 3950.000 $411.000 550!,050 $660,000 I $409100 1 5171.m'r 020 :° 540' _ 56.240.000 7777.-__ 32,900.000 00_53,350, 513,510,000 56,270,000_ 57,23 .- 2,00' PROJECT TOTAL $7.190,000 59.34110 5184900 514.390,000 54667,000 . 57.703.020 WI, - Deslgn.1dEn61needng 51.770 txn 55•.YJ 1C0 5Rg0,m' S3.D40.n02 I 51475.00 ! 37.67](x0 52,926,000 , 51357100 57,563,000 $1,260.00 $1,060,00 e .t..1,0167," 0_..-.._$31 .. Construction $;•,70,060 1 S14,IIS,OOD Sx9S75.o60 _.- - PROJECTTOTAL 1t:to 600 5590,400 5660.000 51.040.00 51.471,000 51.527,000 32,926060 51.397,000 51.563.00 336,990,00 5/7.195,000 519,795,00 3W► Design and Engineering 51.030.000 , 5479.000 5551000 51.930.060 5150.000 6900,000 51.020000 Y $474.000 39.49,000 Conswclwn 55.940,000 52,760.000 53,110000 $10,990,000 I $6,005,060 I 510.165100 PROJECT TOTAL ' 51.()5(),00 5479,00 5351.00 37.770.00 55.610000 _ _ 4447 7444 ' Sa.79Q000 520.010.00 59.299.00 510,711A00 WR 47 0edgnandEngineerine $90.004 '.9.'.041 0 0 5170.000 544000 5410.0 $223100 5257.0 560,0004 4447 C°02900dbn ___ _ 56.500000 $3,021.00 $9.479.00 0$590.0 5274.000 5316,000 PROJECT TOTAL 590001 5a706 541.00 $40100 5723.00 525700 56630.00 53.061,00 I 53,549000 $390,00 3274,006 $316100 695 - _- _ Design aldEng9:eertn9 541000 , 319,000 $71000 5410.660 5.`!'.041 5730.000 5320100 1- SI411,00 5171,000 _ 1044640t500 55,020,000 51,403, ;. 000 I 51,522.066 PROJECT TOTAL $bto* 519.00 511000 54311,000 5200,00 571100.._� 03,250.000 51.557.00 61,199600 SCADS Design and Engineering Conn's/Mon 5170.100 5125,00 5115.00 0360,00 I 516700 5191.00 5.0700 TOTA6 5770000 1125.010 5145100 5360,00 5167,000 5193.00 FY Totals 5s,I9400 I 52412,4°0 I 02,700.00° $10,020,000 I 54897,100 I 55,167.000 310,00,000 I 55067,000 I 15059,040 597,930,440 I 111,79,000 I 520117,400 591074000 I 542,739,000 I 559.731,000 Lake Oswego•Tigard Table 2. (cont'd) CIP Cost Breakdown and Allocations Water Partnership .. t., s.,, ..• ,..^n:n,tn,rr^gaga 20147015 1033{g0l6 7016/7017 Ta1ak TomesTomes1 set.COMP Tigard lab Oawoa TOW WA Oswego nierd fJ4T61Td6 0RTiT Lake°semi° ."; en, Torr nemnem 46.47% 5759% 694711 0204% 4447% 03539t ”70d_00% 46.47% 53.53% _ + Program Administration Program Management,Permitting.CM $1,510,000 5:.156.50 02.461,000 5150.000 070.000 $5000,1 $10.730,000 $12,700.000 .. $14,610,oc^ Sponsor,land,Other Services $1,720,000 I 0199,000 5921,000 51,270,000 5590.00 5650,000 5550.000 5395,000 i $453,000 512,750,000 i 50,920,000 sI $f. D0 PROJECT TOTAL 53,960,000 -57.955,000 03605,000 - 53.420,000 5660,000 -- 50640 00' _ - Wotan° 5990.000 SKT5000 510,010, -000 37411101160 $21,,455,400.000 -- RPS t Design and Engineering —_ __ - 1_... -.-�) -_.. -__ $1,510,0,0 00 1 $707,0 5606.00 Construction - -" 515,670.000 $7_,231,000_ ,. $6.1114,000 PROJECT TOTAL $17,710,000 $7,914,000 00393,000 RWP Design and Engineering $310.000 I $144,000 5114,000 ----552700.0 ,000 t- --— • $.7t,95-91970007 ---it----- $$71,73460050Constrction _55.00,000_.I $2.16$,O-_ 51.764pe6__ PROJECT TOTAL 05.51000 $2,560.000 57.1000 527,090,00 512,510000 534,507.000 wry - 770T ---_...--- — — Design and Engh.eednl 10 _•--Iii 00 Swam --- 59.700.000 04504000 05.392000 Construction 594,700,000 , 516,135,010_ 514575,000 PROJECT TOTAL . __•- .. .- __.. $69.100,000 $32,250.000 $17.150000 $34.690000 013,]]3,010 533,677.000 -....079100.000 --. $9i,756,000 S12.141J00e FWP Design and Engineering - $270,000 I $125.000 __.._5145.000 ._._...__.. _. 54.150,000 -moi $1,979,000.�... 51.027.010 _- $1 Construction 4990.000 59 ,021,000 -510,105,000 $2.119.00 . 52.001.000 ; 51,169,0X; PROJECT TOTAL $29.260000 $6.990000 510710,010 52.370.000 51.101,000 51,2607040 _ 534411Oy000 I 5,11,000 I 524 ,779,000_ -_-- 46000 517.30.,060 WR _ Design and Engineering 5700000 $325-00 5379,000 onstruction _ 57,090.000 __ 53,295,000__ 54795.000 PROJECT TOTAL 07.790.000 53,670.000 54,570,000 005 Design and Engineering $20000 $9,000 514000 T_...__ _-.. Construction 53,470000 I, 51,513000 i $1017.000 - 16,500,000 3910.000 2A7�000 PROJECT TOTAL 53.690000-- 51,621,000 ' 52.10,000 -- I$7.310.00 033•,397000 000- 1--- $7,933,000 -- SCADA Design and Engineering SO SO SO Construction ...$760,000 I $147,000 i $133,066 _ $40.609 i ...$26,000 532,000 --- -----^.__. - SToso,goo 546600 556:.666 PROJECT TOTAL $50,000 $167,000 name X000 • $14000 597,010 --- --- 51.050.000 510.000 1562,100 FY Totals 146.4101114 ' 930.437444 1 3074644/6 19,6561166 $1,769,066 I 57.0.100 0000,400 5799000 5455.000 5230,000,000 5107,000,000 5123,000,000 cr Exhibit 5-Supply Facilities Capital Improvement Program Program Area Descriptions The water supply improvements include upgrades or replacement of the existing facilities. These existing facilities and the proposed improvements are described in the following sections. Existing Facilities The existing water supply facilities either will be upgraded or replaced,as listed in Table 3. Table 3. Modifications to Existing Facilities Facility Expandedfreplaced Justification • Insufficient capacity for future water demands RIPS Replaced • Seismic vulnerability • Electrical equipment is old and worn and does not meet current standards • Insufficient capacity for future water demands RWP Replaced(existing left in • Condition of existingpipeline unknown place) P Pe • Seismic vulnerability • Insufficient capacity for future water demands • Electrical equipment is old and worn and does not meet current standards WTP Expended • Finished water clear wet is undersized to meet regulatory finished water quality standards • Existing direct filtration process requires significant operator attention • Chlorine dosing requirements may lead to increased disinfection byproducts formation FWP Replaced Insufficient capacity for future water demands Expanded(new reservoir • Insufficient storage capacity for current and future conditions VJP, installed adjacent to existing) • Occasional issues with insufficient water pressure in the nearby neighborhood BPS Replaced Insufficient capacity for future water demands Proposed Facilities The proposed water supply facilities include a new RIPS,new raw and finished water pipelines, expansion of the Lake Oswego WTP,a new WR,and a new BPS. 40 Lake Oswego•Tigard Brown. Water Partnership Caldwell 0.1"V;Weer ,Vonet top OM n,t,m,r 3 Exhibit 5-Supply Facilities Capital Improvement Program RIPS A replacement RIPS will be constructed on the Clackamas River in the City of Gladstone,as shown in Figure 1. The replacement facility will pump water from the Clackamas River to water treatment facilities for subsequent distribution to users. It will have an initial capacity of 32 mgd and will be expandable to 38 mgd to supply future water demands. The new RIPS will be located adjacent to the existing intake structure and pump station,at the bottom of the Clackamas River Basin,at approximately river mile 0.8. The existing RIPS will likely be removed or abandoned. r \ e {�/*- a !"'�!, rt *` 0 to ` 1, }G ne -*, + . t ik Yk . - .�: i x , r ` �Ttt.m 1 ' i` i 1 * ` : ` t kyr .. 4..1 1 -s i� tee• .r�E 0 , +,f R+A i11 �•, j', ' l .1;4. ff ,tF „r_ `f '�'a , a. +.off r `1. a#'i.. • e 1y''• . \', E `uhfi t lit At. \ ,-, ... ,31 „., . • A , / . _I..iltf ,.- , . It441- r...ma..w.r1".14-NO.. i . ,.. Figure 1. Proposed Location of New River Intake Pump Station i;0„)lake Osweyo I ics t. Brown Water Partnershii: Caldwell an ..; 4 Exhibit 5-Supply Facilities Capital Improvement Program Raw Water Pipeline Approximately 14,000 feet of new RWP will convey water from the RIPS to the Lake Oswego WTP,located in West Linn. The new 42-inch-diameter RWP will be installed parallel to the existing 27-inch-diameter RWP and will have a capacity of 38 mgd,as compared to 16 mgd for the existing RWP. The proposed alignment for the new RWP is shown in Figure 2. r 3":::`=.:7....,,-, ' / ` �( ,,, '1 e-'•i1:- .. . •f :1 �r!. ,„1.V1.4 . • 1 4. ... .,. , ... . .,,, 14its) 4a'di }♦3 '< ;' k.. ` ',F ,...,*--4.-1,-,•,,s-} '� . + , a..,,,,,v.;,,,,,,,,-..,.:-is t • ik - fir t .; r t _ _. :Ck..•. s'il'.. . :?-,.,. s ---vii _dm, ' 4i,CA ‘'.' 'Ar„ ..,')-4% s 'A, ,A`'.i.z.' ..-.0- t ' =. I ' 4 "-'•,.TI.‘1144 V Mit \ .‘16. .‘i' (di 4 0 sc",..\itSrr''; ',0,4V.,t' I , '" ' ' R� tr y, 4 T " . � ! �ltl t .a / o �.', i^ rte _ • ''4.'' t • ! ..' st; +a .'\i 1 ` . 7..y ,, s 46.'",. 'ti sr. ` . '.1.• .#1.-?-z-Y3,' `;.4'. " t '.0..‘ .,,,' . at.4. ° .rr.4p I. : '. D. . ' ' *'e'? i. ' ** Figure 2. Proposed RWP Alignment 0 Lake Oswego•Tigard Brown Water Partnership Caldwell sho, s•ose+ tonna ommw.n>,: 5 Exhibit 5•Supply Facilities Capital Improvement Program Lake Oswego WTP The program includes provisions to upgrade and expand the existing Lake Oswego WTP. The capacity of the WTP will be increased from 16 to 32 mgd,with provisions for an ultimate expansion to 38 mgd consistent with the maximum water rights expected to be available from this source. The timing of the ultimate expansion to 38 mgd is not certain but may occur as early as 2015. The existing WTP,built in 1968,has undergone numerous upgrades to improve its performance. The State of Oregon has designated the WTP as a direct filtration plant. The WTP includes a pump-based,rapid-mix system,three contact basins,six rapid sand,dual media gravity filters,a clear well,four sludge decanting and dewatering lagoons,and associated chemical feed systems (alum, poly-aluminum chloride,powdered activated carbon,poly-electrolytes,hydrated lime,carbon dioxide,and sodium hypochlorite). The recommended plan to expand and upgrade the Lake Oswego WTP will be to reconfigure the plant to conventional filtration with pre-ozonation followed by biologically active granular media filtration. Other modifications include a new,larger clear well and finished water pump station, mechanical processes to treat process waste streams and residual solids, upgrades to chemical feed system,and miscellaneous improvements to existing buildings and site landscaping. The preliminary layout for the WTP expansion is shown in Figure 3. This layout will be revised subsequent to further discussions with WTP neighbors and the City of West Linn. Lake Oswego•Tigard Brown 40 Water Partnership Caldwell S 1411.';*(1W raw Mw Cum$P k-• 6 Exhibit 5-Supply Facilities Capital Improvement Program • .. , t., ( i ., .. , : 1 • ., l M 1 . 1 P .- • - N.• -. - , ,-.- -..., --- , •. , , ,Y, , • , , .:,' , ' ',, 1P A ap •," VW 4 .4, ,,, ,. ,, , or , 0 t__, ......... i - 414 4 _ _ (1k,,, r ,, - + , F--- ,......_...fl_ _ ...... _ ,, 1 , _..... ......- _ • " 1,' '14, , ' rtt .. . . t, - "1'2-4 ;"..7-7=11— * i 4-: •in ..., ,,.. i ,4. 1 • • • „ ---„ _ ,-_, • In , . —.. 1 , --. ,01 • • • • . 0 ,,.. :41 ' ,_--71.7-, .' '41",4,;--: Z, ---- ,” , ..- roar-. ...*- -...-. (,.. -ir —7. ---rs v .,,,A,L___ _ •....--___,.._.....! A . itt * 1 ; I, ,- ' :..• *411) 1 1 I f ., f r- , , . ,.. .., ,... :„ .., ,t,..„.7, . I" • ., • ,* . • , "' ,. ..ii; ,.....,,. •CSVPMC if MIMI r ': r -..? 0.7.4 c 5POKtte•u.....,•VT. ,l1017.1.• .r., .r,,Poare ' ,, '. • r t*,`" ,' Ivy e ,,, ,',." : , . ,t ..,. ..., . . ' 7.:',.77.7"""'"' , ,..." ' ... 4 ..N.4- -v• * . •41, ....t ,.., • . „, .4 *. • . ' 1.•t ' I .". 4t,'L.v. --"• .:,7**V- .fitt" ..'",•••*,4 7 , . . ..''...,-...._ _..1.1..-_______ ' ..4..• *. it : ..„, . , .,...• ' 7."...r.t.t,t413`,;=.”.=.1'4' * .• * . 4 .- --—-—-- . A ailkok -: kr .. . " . 4 PROJECT DERWRON REPORT _NUL oswr.Go Ar.-!I TREATvsonir PLAN' la.0.....P.hIMP• uar,00.4.4).ter,vaggt v51, 1 Wow rao...... , ALTERNATIVE 1211 ... ,..f.il.....C.9.,...4141e41...I.e.!,, covveta 0%41 TREAThIENT ver o t LAsvtrr : • ...,.... I 01:441'44 left.,loV"rel GRA __ ____ _ OZONE AND BAF _ __ _.NA,.oNferfolfilf Pftontfsor.f. ., i .. Figure 3. Proposed WTP Expansion 0 Lake Oswego•Tigard Brown Water Partnership 7 Caldwell ffin....1........- •NIOPCnne lar,,,VP,P., Exhibit 5-Supply Facilites Capital Improvement Program Finished Water Pipeline A new FWP will convey treated water from the Lake Oswego'UTP in West Linn to the WRs in Lake Oswego. An optional FWP may be constructed from WRs to the BPS in Tigard depending on sponsor preference of design criteria. The pipeline will be sized to convey a maximum flow of 38 mgd and will consist of a combination of new larger pipelines to carry all flow and of existing pipelines coupled with new parallel pipelines. The proposed pipeline diameters range from 18 to 48 inches along the preferred alignment. Parallel pipeline diameters depends on results from modeling efforts,condition assessment of the existing lines,and design criteria. All pipeline alignments are anticipated to be within public rights-of-way or within easements. The preferred alignment is shown in Figures 4,5,and 6. * ` �F�* �i� `r ".� �,art t J ! b 114 'j 1 E �% 7,-,,,.. �. '. 1 1r 4.° 3- / Ir',....•t.. '�W y ,, ",,S'., )...',•7-!' ,.'r °"� %';',,;‘,:::,..Y",-;$- 1 ..1-, ,...,... , 4 *.irc,..)4..4i, te, ./....,t,..k..-,..4.,1/4,. 46, 44, •,•,- V. *-",.. , • ,c'f• , " 0-' - } rE asS. 'A t 4f } 1, ° .air x Y '� ,' ,1 t t ...J!,`' ^ ► ,ls44t t latet�s. _ +t ` rtti „ �: • n, _��, !it' . ,, *1;': iir• ; .. a gamisii. - r - . rit• '.-----..- ;Yr.'', - ''CI”4 r' , ii- *".4.•.. lk ' 4t,:litit.lit io il t .i '' 4 � 1. 6 `*--,:, fi.,,,,s., k_e'r Ilir•i•r?4 ,i.4S,Iff- Ne.'` , _6 V.,,,‘NI, ,iiii. o, t. -'1?,1; r k •• 1L '""1 r,2,F.`TY -• ` 4t' 1'' -� y a2 '....1..,.,.... a r \-1. j�'.�y/*J/g.. _ " ' �+� x,• 114. 'x A,ti..1 , ' .•i fit.. .. a•.t..,. •�,f /�...°ZIli1'-14; Ir4,, ` • i. - I. \. Figure 4. Proposed FWP Alignment-Southern Segment 0 Lake Oswego•Tigard Brown Water Partnership Caldwell shennvo mr rmmrcrrio o rmu ... 8 Exhibit 5-Supply Facilities Capital Improvement Program _fir u t4' „ ", -1, -7 i?ilk '', 11'l' 4 At:le ! . 1 � ` r 054: JV ill 4' ii,'f 7 ♦. r Y� j,'. ./,' �" i t t Ni--:- `t 1 it 5• '. K .3 , `. ., „ +•s ". AT 7i . i r• ,i err. . :. l', y}^.•f ti,t a ..iY.• k •. .yl � 1.. el, ,#' ,�,,..�r,e,. too .. ./* eR 1.7'" - �'Vj{ _ F 4.. t} ,s ,'}Y' f ` s • t �e.m;.....,AAA OA,•. „, Z,M•-�,t ";.-/•'-4:4. r�'1 r� '� I. ;t: !s ,� , �w yr ti.. Figure 5. Proposed FWP Alignment-Central Segment f It ,}4 w" 4n{ ;',,q71;-! . 4!'", '"1.,\.•-,"‘..1,,,,;4; ' r "*3 4k f u:41). S' .. ' 4' fp r '^: v� 1 t - •t t. -e~ - ,--. 1Y* if:t .11 ..g. r ... . ` t° ",t"�.tir ; `� s .a ata a., 11., a . . , . • K., -,.... . ,...., .„... , 6 .,..... ..... ..... .,„ ,, --.....4, *,. - :- , . 4%,,........ .„. , . s, ,. ,-.. ._ ,,,,,,,x,... , ,. ..„. ..... , .,,, , ,,- Ns. . ... .I t..-‘,. ..t.r.,--,.. - __ ,,..., - tr q!•1/ 11 it E..; ', i to- ."*" ii. ''' ' 4,4-1(.14 ..r .A...,..,.. - , - - -,, ,, l 0.,i a ae'' - . - ' t `Y • .it,..,„.6,- �+ t fit: t�� • - . t V' t■ t y '�+ PSi t < r ¢ 4' `tit- y!#�f { 1 ! �S3>• '�•`r f ZZ ,• 0 r• i ,•� ' r •�• r f' . !t •; YYY/ ` • r LP ♦ t :r.,-.),. !Y'- i'1: L:a �4T G ,)...11.d'1. `].jC,[, 4� k'' �I�jr•'•u��j'+ • �� r 51t ,4 x � .7a r,,, Figure 6. Proposed FWP Alignment-Western Segment 0 Lake Oswego•Tigard Brown Water Partnership Caldwell d!u•'"K7.wttr- 'AIME,hoprumnWlrtV: 9 Exhibit 5-Supply Facilities Capital Improvement Program Waluga Reservoir As the WTP and water supply system capacity are expanded to serve demands forecast for Lake Oswego and Tigard,an increase in WR storage capacity of approximately 3.5 MG will be required. A new Wit will be constructed alongside the existing tank to meet these additional water storage needs and will function along with the existing WR. The WR tanks will also supply the BPS through the FWP. The proposed location of the new WR is on Lake Oswego-owned land and will be northwest of the existing WR,as shown in Figure 7. ..., •;*.#• '--- a . \;:.S • . W . a .. �' n A ` �... K a oe. li` . iliti'..4 ' ' A�} � i Y r.-, n.r b.tF • r t • t° � ,•� '174,S -._, 4.--‘=-1 : , 1 tit i4. _ j w y 14.. y . . ...7 . 'W. . e _ t i Y'Pefentu Fin Vied Water P.p.for N.pnmeM S h . - Ea tt Fn1chM YIsMIP s.+.Rn�, ! �I j CiIY of Leke 014%/13 PnpcnY ._•. — 1 t "�" " . }, r . '. Figure 7. Proposed Location of New WR 0 Lake Oswego r Tigard Brown Water Partnership 10 Caldwell 0„,,,„4.SKf+rie r ,7fnl('fir COrtr,IJr)tk. Exhibit 5-Supply Fac tles Capital Improvement Program BPS The program includes provisions to design and construct a new BPS as part of the overall water system upgrades and expansion. The new BPS will deliver water from the FWP into the City of Tigard water system's 410 foot-elevation pressure zone. The proposed mechanical layout for the new BPS is provided in Figure 8. As the WTP and water supply system are expanded,peak BPS water supply rates will need to increase to approximately 14 to 20 mgd to serve demands forecast for the City of Tigard. The configuration,capacity,location,and age of the existing BPS are such that it will be replaced with a new facility. The existing BPS installation likely will be removed or abandoned. Alternatively,the existing facility could be retained in reserve to provide a measure of redundancy for the new BPS. The new BPS will also likely incorporate provisions for emergency water supply interconnections supporting pumped and/or gravity flow between the Lake Oswego and Tigard water systems,with potential emergency supply linkages for other area water systems. ® � _, - !II ___I:ii:Tr:tii; ' Figure S. BPS Proposed Mechanical Layout 4 Lake Oswego•Tigard Brown Water Partnership Caldwett ox1MSwaN, conminog 1omn.unn4• 11 .. , a` .• : • ' 1; --1143(.7 r•4‘4: 4',..e\i,•.1.-.A '64". '-'-''': ' i4,;,„, *947,'.1fin't ''.•' -'--,',• vir.! ;IL ...,t••• . ,' . .'" •i, 1-.' • - . 4 1 .\'' 1 ••• kt 4' * Lkt‘ . '..'.- --. .. •- -,,,-. ..-...cb", %‘%i, , '*1,10-... 4i,''' ..,' .. f-:* .;-4' ts, , ‘' • . ' v" v =4. - I ' .0, .UV . 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'44:4.•;ftr" :A.:-, .t. , ' A 11 • - • ' c "I! -'• * A 4e.. - l' .,-,',,, , . • :'.••!:` -'•,,, .- •:r...,, ,',-- , :it., ....,,i,,,,,,,,,,,.....,Ratim....„ ..-.!• ,,--- .,„„., 1,4,1-. N.I.,- 4,,,, ,,- ' / '''''''''' -,i;11110.-...6„-wititiiii--.1;,:•:f -''.,.'.. '''.'-'', -. - - -,--) '-'&14----• . ; - •',"-:- - -, It . - . i •,-. 3._ . -.....,.\ ,. .._. .... ,..,. , visighbib N ----- ....=46•, ' ,-; ?'.•..:.-.4 ' r'42:111 --- . , . ' -i II .,'• * 44 .. . [ Predated iN 1 ! _ Brown ,. Caldwell Rutland Office 6500 SW Macadam Avenue Suite 200 Portland,OR 97239 Tet:903244.7005 100%Environmental I Employee Owned I Offices Nationwide I BrownandCaldwell.com EXHIBIT 7 ALLOCATION OF SYSTEM IMPROVEMENT COSTS TO THE PARTIES Cost of Lake Oswego Tigard Improvements Allocation(%) Share($) Allocation(%) Share(5) Project Costs. Water Treatment Plant -Existing Plant n/a 100% n/a 0% $ - -32 mgd Expansion $ 74,929,000 44.70% $ 33,493,263 55.30% $ 41,435,737 -38 mgd Expansion n/a 100%** n/a 0.00% $ - River Intake and Pump Station $ 16,392,000 24/38 $ 10,352,842 14/38 $ 6,039,158 Raw Water Pipeline $ 25,660,000 24/38 $ 16,206,316 14/38 $ 9,453,684 Finished Water Pipeline $ 43,631,975 -WTP to Laurel/Erickson $ 16,468,628 24/38 $ 10,401,238 14/38 $ 6,067,389 -Laurel/Erickson to Evergreen/Iron Mt.Blvd. $ 17,054,965 16/30 $ 9,095,981 14/30 $ 7,958,983 -Iron Mt.Blvd to Hunt Club $ 5,720,193 0% $ - 100% $ 5,720,193 -Hunt Club to Waluga Reservoir $ 6,276,621 0% $ - 100% $ 6,276,621 -Waluga Reservoir to Bonita PS $ 2,273,593 0% $ - 100% $ 2,273,593 Waluga Reservoir $ 7,378,000 2/3.5 $ 4,216,000 1.5/3.5 $ 3,162,000 Bonita Road Pumping Station $ 6.920,000 0% $ - 100% $ 6,920,000 Sub-Totals— $ 179,073,000 46.47% $ 83,215,223 53.53% $ 95,857,777 Program Costs Program Mgmt,Permitting,Const Mgmt $ 27,350,000 46.47% $ 12,709,545 53.53% $ 14,640,455 Sponsor Labor,Legal,ROW,Permits,Testing,Admin $ 12,754,000 46.47% $ 5,926,784 53.53% $ 6,827,216 SCADA System Services $ 1,000,000 46.47% $ 464,700 53.53% $ 535,300 Utility Relocation and Charges $ 2,000,000 46.47% $ 929,400 53.53% $ 1,070,600 Construction Contingency $ 8,034,000 46.47% $ 3,733,400 53.53% $ 4,300,600 Sub-Totals $ 51,138,000 46.47% $ 23,763,829 53.53% $ 27,374,171 Total Costs $ 230,211,000 46.47% $ 106,979,000 53.53% $ 123,232,000 • -Project costs include design and construction and are presented in 2013 dollars(assumed mid-point of construction)assuming 3.5%annual escalation from 2010 estimate. • -Second(6mgd)expansion is currently assigned to lake Oswego. Contract provides for potential reallocation by agreement. • -Sub-Totals for Allocations(%)and Shares(5)are calculated using unescalated project costs without design. THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES, DESIGN,CONSTRUCTION,AND OPERATION THIS THIRD AMENDMENT to Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction and Operation (Third Amendment) is effective this 19th day of December 2013, by and between the City of Lake Oswego (Lake Oswego)an Oregon municipal corporation, and the City of Tigard (Tigard), an Oregon municipal corporation. Lake Oswego and Tigard may also be referred to individually herein as a "Party" and collectively as"Parties." Recitals WHEREAS, on August 6, 2008 the Parties executed an Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction and Operation (Agreement); and WHERAS, since the execution of the original Agreement, the scope of the Project under the Agreement has changed from beginning with an "Initial Expansion"of Supply Facilities to provide Capacity of 32 million gallons of water per day(mgd),to instead encompass the full contemplated "Long Term Expansion,"with a Capacity of 38 mgd;and WHEREAS, the Parties have concluded that it is in the best interest of both to adjust the allocation of Capacity from the expanded water supply facilities to transfer 4 mgd of Capacity from Lake Oswego to Tigard, resulting in 20 mgd being allocated to Lake Oswego and 18 mgd being allocated to Tigard; and WHEREAS, the shift in allocation, plus the addition of Mapleton Drive properties as assets under the Agreement and correction of original"buy-in" calculations, necessitates a payment from the City of Tigard to the City of Lake Oswego based on new costs share applied to costs paid by Lake Oswego on the 4mgd to date and the additional "buy-in" amount for the Mapleton Drive properties; and WHEREAS, Exhibit 6 to the Agreement outlining Tigard's buy-in costs,and Exhibit 7 to the Agreement setting forth an allocation of system improvement costs to the parties, require adjustments reflecting the changes described in these recitals;and WHEREAS,the Parties desire to expedite the timeframe for reviewing the Agreement to consider whether changes are necessary or desirable to reflect the transition from an agreement regarding construction to an agreement regarding long term operations; NOW,THEREFORE,THE PARTIES AGREE TO THIS THIRD AMENDMENT AS FOLLOWS: Section 1. Updating References and Eliminating Inconsistencies. The Agreement is amended to refer to a single Expansion having 38 mgd Capacity, in place of all references to an Initial Expansion or a Long Term Expansion. Section 2. Allocation of Capacity. The Agreement is amended to adjust any statements of allocations of Capacity to state an allocation of 20 mgd to Lake Oswego and 18 mgd to Tigard. Specifically, and without limiting the foregoing, Section 4.3 of the Agreement is amended to read as follows: 4.3 Allocation of Capacity At the completion of the Expansion,Tigard's allocation of Capacity shall be 18 million gallons of water per day, and Lake Oswego's allocation shall be 20 million gallons per day. Section 3. Payment. Within 60 days following the execution of this Third Amendment, Tigard shall pay Lake Oswego the sum of Five Million One Hundred Thirty One Thousand Three Hundred Ninety Dollars ($5,131,390), consisting of$1,272,846 as an additional "buy-in"amount that results from adding the Mapleton Properties to the Agreement assets and correcting original buy-in calculations, plus$3,858,544 to reimburse Lake Oswego for costs paid to date by reason of the 4 mgd of Capacity that is transferred to Tigard pursuant to Section 2 of this Third Amendment. Section 4. Sales to Others. Article XI of the Agreement is amended to read as follows: Article XI Sales to Others In addition to the Existing Wholesale Customers, Retail Customers of any Party, existing mutual aid agreements, or extension of service to service areas identified in the Carollo Report, either Party may contract for the sale or use of water within that Party's allocation of Capacity to any other person, provided that the contract is on a surplus basis. Any additional sale of water contracts that are not on a surplus basis,or any other contracts for sale or use of the Supply Facilities, shall require the approval of the other Party and compliance with the terms of this Agreement.Any revenues derived from the sale of water to another entity shall be paid to the Managing Agency. Net proceeds from such sales shall be credited back to the Parties based on a method as mutually agreed. Net proceeds shall be those proceeds remaining after expenses, renewals and replacements and contingencies are paid. Section 5. Modifications to Governance and Management Structure.Section 15.1 of the Agreement is amended to read as follows: 15.1 Modification to Agreement Within one year after approval of this amendment, the Oversight Committee shall undertake a review of all agreements to date to consider any modifications to the terms and conditions of this Agreement that may be necessary or desirable, including any modifications needed to transition from an agreement regarding construction to an agreement regarding long term operations, Matters that may be considered include, but are not limited to, changes in ownership,water rights limitations, conditions of approval and legal settlements,governance and management structure.At the recommendation of the Oversight Committee,the Councils for the parties may consider: 15.1.1 Modification of the existing Agreement(s); 15.1.2 Replacement of existing Agreement(s) with a new Agreement: 15.1.3 Creation of a Supply Agency under ORS Chapter 190. Section 6. Revision of Exhibits. Exhibit 6 (Determination of Tigard Buy-In) and Exhibit 7 (Allocation of System Improvement Costs to the Parties) are revised to read as set forth in attached Exhibits 6 and 7. Section 7. Entire Agreement. Except a specifically amended by this Third Amendment, the Agreement dated August 6, 2008 as subsequently amended by the first Amendment and the Second Amendment remains in full force and effect. IN WITNESS WHEREOF the Parties have dated and signed this Agreement City of Lake Oswego City of Tigard /,)// g/13 1,, Irc;j:).1J-13 ,tht.01A.144,- Mayor Dated \ Mayor Dated ATTEST: ATTEST: fi ` '�i3 t �t T� yr. `61 "'t_� r3 attd CityRecorder 'Dated Gty R corder APPROVED AS TO FORM: APPROVED AS TO FORM: /61.444C2Cagri-//9/0 r j/(476,t4"-7 /cVlat. DO City Attorney Dated City Attorney Dated EXHIBIT_6_ AMENDED AND CORRECTED TIGARD BUY-IN Net Tigard Original Cost Reproduction Allocation Tigard Share Asset Tax Map Tax Lot Clackamas Co.Deed Cost • Clackamas River Intake&Pump Station $ 1.911,733 $ 1.832.454 0.00°° $ - Clackamas River Intake Land* 2 2E 20CA 15001 Bk 173.Pg 900-902 $ 10,450 $ 260,000 14138 $ 95,789 Computer System/Software $ 214,222 $ 72,311 14/38 $ 26,641 Finished Water Transmission S 2,111,711 $ 5.440,227 0.00°° $ - General Plant $ 61,500 5 15,561 14/38 $ 5,733 Raw Water Transmission 5 612.137 $ 2,460,521 14/38 $ 906,508 Waluga Reservoir $ 1,281,427 $ 1.960,196 0.00°. $ - Subtotal $ 1,034,671 Waluga Reservoir:Land Reservoir Property 2 1E 07 AD 03100 Doc 72-06414 n/a $354,508 14/38 $ 130,608 Waluga Res al" 2 IF 07AD 00700 Doc 76-36977 n a $1,407,287 14'38 $ 518,474 4800 Carmen Dr" 2 1E 07AD 00900 Doc 92-063461 $ 323.300 $945.353 14'38 $ 348.288 Vacant Parcel" 2 IE 07AD 01000 Doc 92-063461 $ 323,300 5945,353 14/38 S 348,288 Water Treatment Plant S 9.731.005 5 11,704,894 0.00°. $ - Water Treatment Plant Land 4260 Kenthorpe Way-parcel 1* 2 1E 24BD 00300 Bk 688,Pg 581 na $2,425,478 14/38 S 893.597 4260 Kenthorpe Way-parcel 2* _ 2 IE 24BD _ 00401 Doc 79-35248 ma $271,975 14/38 S 100,201 Subtotal $2,339,456 4245 Mapleton Dr.*(RMV) 2 1E 2480 01200 Doc B9-10200 $ 85,000 $ 509,554 18/38 $241,368 4305 Mapleton Dr."(RMV) 2 1E 24BD 01300 Doc 95-33429 $ 190,000 $ 504,459 18/38 $238,954 4315 Mapleton Dr.'(RMV) 2 1E 24BD 01400 Doc 89-13210 $ 116,000 $ 504,459 18/38 $238,954 xxxx Mapleton Dr.*(RMV) 2 1E 24BD 01500 Doc 89.13210 $ - Totals "less 2006-108190 S 16 971,785 $ 31,614,589 Subtotal $719,276 .Nei reproduction cost for thew properties are based on an appraisal conducted by Integra Realty Resources(July 2008). Total S 4,093,404 Corrected Tigard Buy-in Mapleton Property Total- $719,276 Other WTP property total= $2,339,456 All non-property totals= $1.034,671 Total Tigard Allocation- 54.093,404 Prior Paid by Tigard= c'.ti'0. ,.s, Balance Due= S1,272,846 EXHIBIT 7 ALLOCATION OF SYSTEM IMPROVEMENT COSTS TO THE PARTIES Cost of Lake Oswego Tigard Improvements Allocation(%) Share($) Allocation(%) Share($) Project Costs* Water Treatment Plant -38 mgd Expansion $ 74,966,399 37.16% $ 27,857,514 62.84% $ 47,108,885 River Intake Pumping Station $ 12,932,668 20/38 $ 6,806,667 18/38 $ 6,126,001 Raw Water Pipeline $ 24,540,330 20/38 $ 12,915,963 18/38 $ 11,624,367 Finished Water Pipeline $ 52,856,778 -WTP to South Side of Oswego Lake $ 25,583,609 20/38 $ 13,465,057 18/38 $ 12,118,552 -South Side of Oswego Lake to North Side of Oswego Lake $ 9,732,139 12/30 $ 3,892,856 18/30 $ 5,839,283 -North Side of Oswego Lake to Waluga Reservoir $ 13,466,442 0% $ 500,000** 100% $ 12,966,442 -Waluga Reservoir to Bonita Pumping Station $ 4,074,588 0% $ - 100% $ 4,074,588 Waluga Reservoir $ 8,329,497 1.7/3.5 $ 4,045,756 1.8/3.5 $ 4,283,741 Bonita Pumping Station $ 8,273,901 0% $ - 100% $ 8,273,901 Sub-Totals $ 181,900,000 38.20% $ 69,483,813 61.80% $ 112,415,760 Program Costs Program Management,Permitting,Construction Management $ 34,696,785 38.20% $ 13,254,172 61.80% $ 21,442,613 Sponsor/Staff Cost(wages,transfers,materials&services,testing) $ 13,257,000 38.20% $ 5,064,174 61.80% $ 8,192,826 SCADA System Services $ 1,861,684 38.20% $ 711,163 61.80% $ 1,150,521 Legal,Land Use/ROW and Other Professional Services $ 9,644,000 38.20% $ 3,684,008 61.80% $ 5,959,992 Construction Contingency $ 8,437,000 38.20% $ 3,222,934 61.80% $ 5,214,066 Sub-Totals $ 67,896,000 38.20% $ 25,936,000 61.80% $ 41,960,000 Total Costs $ 249,796,000 38.20% $ 95,419,800 61.80% $ 154,375,800 • -Project costs include design,construction,and mitigation contingency and are presented in 2014 dollars(assumed mid-point of construction). -Lake Oswego's half of cost to upsize this reach of FWP to 36-inch so that existing 18-inch can be retired;otherwise,LO pays 0%of new pipe in this reach. FOURTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES, DESIGN, CONSTRUCTION,AND OPERATION THIS FOURTH AMENDMENT to Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction and Operation (Fourth Amendment) is effective this 25th day of October, 2016, by and between the City of Lake Oswego (Lake Oswego) an Oregon municipal corporation, and the City of Tigard (Tigard), an Oregon municipal corporation. Lake Oswego and Tigard may also be referred to individually herein as a "Party" and collectively as "Parties." Recitals WHEREAS, on August 6, 2008 the Parties executed an Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction and Operation (Agreement); and WHEREAS, since the execution of the original Agreement,the Parties have identified the need for an additional capital project to replace a roof on an existing water storage reservoir ("WR1"); and WHEREAS, the Parties have concluded that it is in the best interests of both to share in the cost to replace the roof and to jointly fund the ongoing operating and maintenance cost of WR1; and WHEREAS, Exhibit 7 to the Agreement setting forth an allocation of system improvement costs to the parties requires adjustment reflecting the changes described in these recitals; NOW, THEREFORE, THE PARTIES AGREE TO THIS FOURTH AMENDMENT AS FOLLOWS: Section 1. Revision of Exhibits. Exhibit 7 (Allocation of System Improvement Costs to the Parties) is revised to read as set forth in attached Exhibit 7. Section 2. Entire Agreement. Except a specifically amended by this Fourth Amendment, the Agreement dated August 6, 2008 as subsequently amended by the First Amendment, Second Amendment, and Third Amendment remains in full force and effect. SIGNATURE LINES TO FOLLOW Fourth Amendment to IGA—Lake Oswego-Tigard Water Partnership 11Page IN WITNESS WHEREOF the Parties have dated and signed this Agreement City of Lake Oswego City of Tigard iljuottioeck ip/7.-0//(0 fi joas- Mayor Dated 1 Mayor Dated ATTEST: ATTEST: aA 0/11, ii St444z %- 10 fig!f' ria x '1 f ;o/u/ 16 City Recorder Dated City Recorder Dated APPROVED AS T M: APPROVED AS TO FORM: 7,6e6„2„, City Attorney Dated Attorney Dated Fourth Amendment to IGA—Lake Oswego-Tigard Water Partnership 21 Page EXHIBIT 7 ALLOCATION OF SYSTEM IMPROVEMENT COSTS TO THE PARTIES Lake Oswego Tigard Cost of Improvements Allocation(%) Share($) _ Allocation(%) Share($) Project Costs* Water Treatment Plant -38 mgd Expansion $74,966,399 37.16% $27,857,514 62.84% $47,108,885 River Intake Pump Station $12,932,668 20/38 $6,806,667 18/38 $6,126,001 Raw Water Pipeline 524,540,330 20/38 $12,915,963 18/38 $11,624,367 Finished Water Pipeline $52,856,778 -WTP to South Side of Oswego Lake $25,583,609 20/38 $13,465,057 18/38 $12,118,552 -South Side of Oswego Lake to North Side of Oswego Lake $9,732,139 12/30 $3,892,856 18/30 $5,839,283 -North Side of Oswego Lake to Waluga Reservoir** $13,466,442 0% $500,000 100% $12,966,442 -Waluga Reservoir to Bonita Pumping Station $4,074,588 0% - 100% $4,074,588 Waluga Reservoir#2 $8,329,497 1.7/3.5 $4,045,756 1.8/3.5 $4,283,741 Bonita Pumping Station $8,273,901 0% 100% $8,273,901 Waluga Reservoir#1-Roof Replacement $2,903,000 50% $1,451,500 50% $1,451,500 Sub-Totals $184,802,573 38.20% $70,935,313 61.80% $113,867,260 Program Costs Program Management,Permitting,Construction Management $34,696,785 38.20% $13,254,172 61.80% $21,442,613 Sponsor/Staff Cost(wages,transfers,materials&services,testing) 513,257,000 38.20% $5,064,174 61.80% $8,192,826 SCADA System Services $1,861,684 38.20% $711,163 61.80% $1,150,521 Legal,Land Use/ROW and Other Professional Services $9,644,000 38.20% 53,684,008 61.80% $5,959,992 Construction Contingency $8,437,000 38.20% $3,222,934 61.80% $5,214,066 Sub-Totals $67,896,469 38.20% $25,936,451 61.80% $41,960,018 Total Costs $252,699,042 38.20% $96,871,764 61.80% $155,827,278 * -Project costs include design,construction,and mitigation contingency and are presented in 2014 dollars(assumed mid-point of construction). ** -Lake Oswego's half of cost to upsize this reach of FWP to 36-inch so that existing 18-inch can be retired;otherwise,LO pays 0%of new pipe in this reach. Amendment 4 to Intergovernmental Agreement APPENDIX B LANDS AND EASEMENTS :7 $ 4 9 3 4 4 4 4 4 4 4 �R :J $ �4 Zf$$ 4$1 gg�4 PIM RRRRNRRRRR„ AAOR RRR RRRRRRRR RRARARRRRRL ii H, m;eRri HA ROI g 88 88 0. 1" §„: gees " l,� s8s hiss iiiii $$11g MIsll Ili "ssgg sssg"si1111 imIlliliRigglig§§Il ssoo8 s Sg� $ 88888888 , 8 , , 8888888888888.888 , 88888888888888888 , AR, - FI Nr:" � � ..4 .4 r4 x ., ^mmaa^ a5"5amaiaaaa g§§ aaaa gg E liggp y t „ ; o „ 3 , „ 3 ; , 3 ; ; ; ; „ 3 ; 3 �:.o""000;oSo"oo 1111Sd��8�d�2S...uoAah,,g11 a1. odg l TiIa _0 " " " " y x . 0 " " g �y y ply 335552 225 55 9933395599 55595 525 95 k533i3Y9333 € � a tnnt + 3595 L uo,Yi102.2.ga illn# ogoFE2E^, 31-3.3igEe'o ` ,"-.. o °daig, ! t 5s83<<<a�88<g. € "sow"- .tizo>.g82 gaug5a Ego tsgl35um6Asx��R`a..2naa zz'f 55 W�E. .=caga7lil g E E E E E € E' E E E E E E E E E: ii pg °N m W ffi $W 5 w$ 9l &22 $ B vt E � c ..T, a ° ° o ° ° _ o ° 3 22 2 2_ o 78t9u8Wp --WL. p 82tw5W ",358 8.2sL,82 WW8888888 ii " e =9ea ° "_ " € E5 € Mo € i " " dq € E ° E " e 1Q1d~ &ia811< 10 wa1d1aaaaaca1a .do1a8E8w E8S 3 3 HOs II A5 so� As o= fA 5 ; 2,2 a.On �" 3 0 3 3 3 3 3 3 3 33 A ; till 3 3 3 ^26 '9 m' m 3 J o ' 110AlliiiiiiiiilriMILAilli„Nrniairii! �BfQaasssoof�E>» t�3 ��s�asa����N5' a° ��'�ytaq� eO ° f R o i f I gg 525 ` 8 5 9 l i .c a g m PPPPKKKARARAKRRKKIEP R IgI KT R4 I PKEP ZPAPKRK N 4 E$$ H E 25 3 3 3 M G 3 a e e G 3 a 3 3 b 3 d C 3 ff a , � ; 5� �g ec aaaa ' ndAo8ftgAa A dada4 1; ilH u gg3 as x'ii15a1-9 ai —it, ..amp i2,,_ s,> i� .g & gxxi 22 gg lig 3 3 3 3 3 3 1 a3 3 3 3 3 3 3-812 = 3 = -8 3 3 3 3 3 3 ; 3 '3 3 3 3 '3 .820-8' . t - a M igT 'sgil= =z<?' lIllialli1Aaf! > h7 ail 3 3 3 3 i 3 3 3 3 3 m 3 3 1 , Z N l ^ i Xi le S �6 l ib' thy y ....z 3.i3 _ :3 �8 3 3 3s a. 4 23 a 3 a ^3 3 a 3 a 5 3 3 3 .. ?..11 i t F F a 11 1 3 3 3 3 N $ 1* g $ dd liAT n n n s 3 a .,gF�-zP g o d _4;cF i g""F = f z atlas g2, a R IT a 4 n i' zo .zR < <3z.9M5 Mz ❑n R. s .9z :3 o 99O 0 0 0 0 0 0 0 0 0 0 0 9 0 0 0❑ 0 0 0 9 0 0 0 0 FiF i0 aGaG" ZCMM ,. GGW WWGGGGGCGist% N N N NN N N N N N N N. ,N N N NN N N.N N NN N N N.N N N N N N N N N N.N N NN, 888888888888888888 888888888888888888888 8'8 HiIIH1 E��� � � u . 4 gr�'�m°8881 8 ill s t 0u gs88 .. gg Y;N1 1' s 1 g Nm " s a o HU 6888 8888888 8888 "':88 o 8fy88; 888808 i8 Mb b b N 6 b I p t,g t g b G.2b b b b b 8 ;:. 8 g 8 S APPENDIX C SUPPLY FACILITIES MAP MULTNOMAH CO. (!ACKAMAS CO. Aw n' Of PamW� /lir 0 Lake Oswego•Tigard SummRoamm2 oft Water Partnership O- Patna © ..r..P Murv.aw.01:P.».P+ Roam Pr /111 mow Gawr P eq 1111 LAKF OSWEL;( 0 a� N WaOswoo�:.`,. a, i' Q Mawramraat Pun Is:.rc Puu P 4� WEST LIN V • • Q CLACKAMAS RIVER INTAKE(38 MGD) .t� ©� © RAW(UNTREATED)WATER PIPELINE(36"-48"DIA) kirmi Q WATER TREATMENT PLANT(38 MGD) m / 4 u Q FINISHED(TREATED)WATER PIPELINE(24"-48"DIA) 205 Q WALUGA RESERVOIR 2(3.5 MG) 0 BONITA PUMP STATION(20 MGD) APPENDIX D WR1/WR2 MODES OF OPERATION CONFIDENTIAL-NOT FOR PUBLIC DISCLOSURE APPENDIX E OTHER SUPPLY AGREEMENTS - - a..�iL.N,RNr.L moue.DOM NM __ _. MHO L.1d PeOZR AMP, -_---.. --.,.... 1 -bamm .id ..1b. f Sum mimosa .. • na c mm-_-- ` - m 0.a5.60. Sob Cee Polo. ' feroom I Oaemmoo TDam t .04Tm 544255 .elle*Sm Pmnaa eYlme Poo Pre4a Wet _ Poets.Frill VW __ I I I _ I .- __-- I .. ".1Nrv:m11AmR Arh.,Paeee6Wmi 4 I PLO ker*hoe monoM m 1116 SW Mt mom Poo 00 IN1.p Tormenef tilek.Pore.tt ImAe:W.111iM Dootent. 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P. :W ___...6a ; . 4771. ,. _n_Y6OA4+mom to Woo Lea _ SI le ! _.o 50 PAS.a4055 IObo4•.,e., �1-- -_ __� ___--1 T.611.3.10 rwly Ced1Ye Woo .far 1 ftrreaae 1 U I Wt/a0e:T6mdaern10 le..WllM1O1.e .Se 0.01, oroo9WeA Il mrm0e dl. rad oLOMD 436601 L0 Lr Bboldoed Dorm m Brood* Ober apply Oen 65606M fa 6a500Ydf F Wdm CO ofPObpd Me S DOM&!II 6219%0__... yoMoaden aep moo Eoar of ; simre...*r a Yeoeb.emprvf ................................w.•Orme PWdm............. LOMD Bi Dm mem.. I NM, Pope.! moo. mom h-roe... mat aa Mouse weft II 5'Mat In UpOeM1/17l016 APPENDIX F PGE/Enernoc AGREEMENT Q EN �NOC Provider_ Master Agreement EnerNOC Inc. One Marina Park Drive. Suite 400 Boston, MA 02210 Customer: Name: CITY OF LAKE OSWEGO Master Agreement#: 00129053.0 Address: 380 A AVE Effective Date: 12/1/2016 City, State,Zip: Lake Oswego,OR 97034-3036 Phone: (503)635-0393 Email: kduncan@ci.oswego.or.us This Master Agreement(this"Master Agreement"), made by and between the provider identified above("Provider")and the customer identified above("Customer"), is subject to and governed by Provider's terms and conditions attached hereto("Terms and Conditions"). Provider and Customer are referred to herein collectively as the"Parties"and each individually as a"Party"to this Master Agreement. The term of this Master Agreement shall commence on the effective date set forth above("Effective Date")and continue until terminated in accordance with the Terms and Conditions("Term"). Provider will issue order form(s) (each an"Order Form") setting forth the solutions to be provided to Customer(the"Solutions"),the fees for the Solutions,and any other terms applicable to the Solutions.The initial Order Form 0-00005615(the"Initial Order Form")is attached hereto. Each subsequent Order Form entered into between the Parties will reference this Master Agreement and will be attached hereto. Special Terms Applicable to the Initial Order Form: 1. Term.The term of the Order Form shall commence on the Order Effective Date and continue until the Order Expiration Date ("Order Term"). Notwithstanding the foregoing, if Customer is enrolled in a demand response program with a Program Period (as defined in the applicable Program Rule Attachment attached to the Order Form)that would otherwise extend beyond the Order Term,then the Order Term with respect to such demand response program shall be extended until the end of such Program Period. 2. Solutions. a. Demand Response Solutions.The Parties understand that the"Anticipated Capacity"value identified on the Order Form and on the Site Agreement attached thereto is solely the Parties'best estimate of performance and does not represent Customer's Accepted Capacity(as defined in the applicable Program Rule Attachment attached to the Order Form). 3. Payments. a. Demand Response Solutions Payments. In connection with the demand response Solutions at the site addresses agreed to by the Parties in signed Site Agreements(s)attached to the Order Form, Provider shall pay Customer as set forth in the applicable Program Rule Attachment attached to the Order Form. Unless otherwise indicated on the applicable Program Rule Attachment attached to the Order Form, any reference to"%"shall mean(i)for the capacity payment rate identified on the Order Form("Capacity Payment Rate"), percent of the price obtained by Provider for the applicable demand response program and/or product,and(ii)for the energy payment rate identified on the Order Form ("Energy Payment Rate"), percent of the energy payments available to Provider. By signing below, each Party accepts and agrees to be bound by this Master Agreement as of the Effective Date. Provider _ Customer City of Lake Oswego / Signature: `' Signature: f �"� \ `` / Name: Name: Kari Duncan Title: 0 11Title: Water Treatment Plant Manager Approved as to form: Digitally signed by Evan Boone DN:cn=Evan Boone,odlty of lake Oswego,ou=CAO, ernaik-eboone4cioswegoof us.,US Date:201610.10 17:19:12-07'00' Evan P. Boone,Deputy City Attorney ENERNOC Terms and Conditions 1.Master Agreement.These Terms and Conditions govern and are incorporated into the Master 10.Non-Payment. In the event that Customer fails to make any payment to Provider for Agreement made by and between the Provider and Customer identified on the Master Agreement undisputed amounts by the date such payment is due, Provider may(i) immediately suspend Unless otherwise defined herein,capitalized terms in these Terms and Conditions shall have the Customer's access to the Solutions and all related services until payment is received by Provider if meanings given to them in the Master Agreement. Provider will provide Customer with the payment is past-due by more than ten(10)business days;(ii)offset unpaid amounts due against Solutions in accordance with the Master Agreement, any demand response payments to Customer;and/or(iii)terminate the Master Agreement or the 2.Use and Access License.For the duration of the Term,Provider grants to Customer a limited, applicable Order Form if Customer's non-payment continues for more than thirty (30) days revocable.non-transferrable(except as set forth herein)and non-exclusive right to use and access following date of written notice of non-payment from Provider.Such remedies are in addition to (including through remote means)the Solutions solely for Customer's internal business operations any legal or equitable remedies available to Provider. and subject to the terms of the Master Agreement. Without limiting the terms of the Master 11.Customer's Support Requirements. Agreement, Customer agrees not to decompile, disassemble, reverse engineer or otherwise a.Customer Data. Customer agrees to provide or cause to be provided to Provider such attempt to perceive the source code relating to the Solutions or any web-based portal relating contact, billing and energy usage data,and facility information as is required by Provider to thereto or assign,sublicense,sell,resell,lease or otherwise transfer,convey,or pledge as security support the Solutions("Customer Data").Customer(i)represents that it has the right to provide or encumber.any right in the Solutions.Except as expressly permitted herein,Customer agrees Customer Data to Provider and will provide Customer Data to Provider in compliance with that it shall not receive any right,title or interest in,or any license or right to use or access,the applicable legal requirements;(ii)authorizes Provider to use.copy,store,modify and display Solutions or any patent. copyright, trade secret, trademark or other intellectual property rights Customer Data for Customer's benefit and as expressly set forth in Section 4 of these Terms therein by implication or otherwise. and Conditions; and (iii) authorizes Provider to access Customer Data to provide quality 3.Confidentiality, assurance,perform software maintenance,and deliver customer service and technical support. a.Nondisclosure to Third Parties.In performing its obligations under the Master Agreement, During the Term and for thirty (30) days following expiration or termination of the Master each Party may receive non-public information of the other Party("Confidential Information"). Agreement,Provider will preserve and maintain Customer Data.Thereafter,Provider will have Each Party, on behalf of itself and its employees, contractors and agents (collectively, no obligation to preserve or return any Customer Data. "Representatives"), agrees not to, except as set forth in Section 3(b) or as required by b.Demand Response. If Customer is enrolled in a demand response program, Customer applicable law or regulation,use or disclose Confidential Information during or after the Term represents and warrants it has the intent and ability to generate and/or reduce electrical without the prior written consent of the other Party,To protect Confidential Information,each demand to achieve Accepted Capacity(as defined in the applicable Program Rule Attachment Party agrees to:(i)limit dissemination of Confidential Information to only those Representatives attached to the applicable Order Form)when notified by Provider during demand response having a"need to know";(ii)advise each Representative who receives Confidential Information events. If Customer is enrolled in a demand response program utilizing on-site electric of the confidential nature of such information;and(iii)have appropriate agreements,policies generation, Customer further represents and warrants that(i) it holds all applicable federal. and/or procedures in place with such Representatives sufficient to enable compliance with the state,and local licenses and/or permits that are required for the proper participation in such confidentiality obligations contained herein. demand response program; and (ii) when responding to a demand response event, it will b.Use of Confidential Information, Customer acknowledges that Provider may receive comply with,and be responsible for any violation of,federal,state,and local regulations. Confidential Information of Customer from the applicable independent system/grid operator, 12.Provider Limitation.Customer agrees not to contract with any other provider of the Solutions utility and/or supplier,through data collected through the Solutions or otherwise,which may be during the Term. used or disclosed by Provider as necessary for the performance of the Master Agreement. 13.Payments to Utilities or Other Suppliers.In no event shall Provider or its affiliates,directors, 4.Aggregate Data Collection and Usage. Customer acknowledges and agrees that Provider employees and agents(collectively,the"Indemnified Parties')be responsible or liable for payment may.(i)collect,process and aggregate any data used with,stored in.or related to the Solutions, of any utility bill of Customer or any amount Customer may owe to any utility or other supplier.To including,without limitation,end-user energy usage and demand data.and create aggregate data the fullest extent permitted by law,Customer shall defend and indemnify,at its own expense,any records ("Aggregate Data") by removing any personally identifiable information ('PII") from the third party claim against the Indemnified Parties, that arise due to any allegation that the underlying data; (ii)use such Aggregate Data to improve the Solutions, develop new solutions Indemnified Parties are responsible for payment of any utility bill of Customer or a portion thereof, understand actual energy usage and demand trends and general industry trends,develop white or any other amounts due by Customer to any utility or other supplier. In connection with the papers,reports,or databases summarizing the foregoing,and generally for any legitimate purpose foregoing indemnification obligations,Customer shall pay reasonable legal fees as incurred and related to Provider's business; and(iii)share Aggregate Data with third parties or publish any such damages or costs as are finally awarded against Provider or agreed to in settlement for such reports,white papers,or other summaries based on Aggregate Data. claim. 5.Indemnification.Provider agrees to defend and indemnify(subject to the terms of this Section) 14.Miscellaneous.Customer may not assign any of its rights or delegate any of its performance at its own expense, any third party claim against Customer, its parent corporation, affiliates, obligations hereunder without the prior written consent of Provider;except that Customer may directors,employees and agents that arise due to any(i)bodily injury,death or damage to tangible assign the Master Agreement to its successor or any entity acquiring all or substantially all of the personal property to the extent caused by the negligent acts or omissions of Provider or its assets of Customer by providing Provider with written notice promptly following the acquisition employees in the performance of the Master Agreement;and On a claim that the Solutions(or any date.The Master Agreement,including any addenda,exhibits and attachments, constitutes the software, hardware, or other component thereof) or any other goods, software or Solutions entire agreement between Provider and Customer with respect to Provider's provision of the provided by Provider hereunder(so long as the foregoing have not been altered or modified by a Solutions identified on an Order Form,and may only be amended in writing signed by each of the party other than Provider)or the use thereof by Customer infringes upon any copyright,trademark, Parties.If any of its provisions shall be held invalid or unenforceable,the Master Agreement shall trade secret or proprietary right of any third party. Provider will pay reasonable legal fees as be construed as if not containing those provisions and the rights and obligations of the Parties incurred and such damages or costs as are finally awarded against Customer or agreed to in hereto shall be construed and enforced accordingly.The Master Agreement shall be binding upon settlement for such claim provided that Customer gives Provider(i)prompt written notice of any the Parties together with their successors and permitted assigns.Each Party shall be responsible such claim or threatened claim,(ii)sole control of the defense,negotiations and settlement of such for its Representatives'compliance with the Master Agreement. claim, and (iii) full cooperation in any defense or settlement of the claim. The foregoing 15.Taxes. Fees, costs, and expenses described in the Master Agreement do not include any indemnification obligations shall not apply to the extent that any such claims or damages result sales, use, personal property, duty, levy. or similar governance charge, value added or from goods,software or Solutions provided by a party other than Provider,or are the fault of or good/services taxes. Provider may include applicable taxes as separate items on Customer's caused by the sole acts or omissions of Customer. invoice,and Customer shall be responsible to pay and/or reimburse Provider for all taxes(other 6.Limitation on Liability. Except for breaches of confidentiality and claims involving the than taxes based on Provider's income), unless Customer has provided adequate evidence of indemnification obligations contained herein,Provider's liability hereunder is limited to direct actual exemption upon execution of the Master Agreement. If withholding of taxes is required by any damages as the sole and exclusive remedy,and total damages under the Master Agreement shall government, Customer shall remit such taxes in accordance with applicable law. gross up the not exceed $100,000.00. In no event shall either Party, its officers, directors, partners, applicable payment amounts so that Provider receives the full amount of fees invoiced, and shareholders, employees or affiliates, or any contractor or subcontractor or its employees or provide Provider with applicable evidence of withholding. affiliates, be liable to the other Party for special, indirect, exemplary, punitive, incidental or 16,Termination. Either Party may terminate (i)the Master Agreement or the applicable Order consequential damages of any nature whatsoever connected with or resulting from the Solutions Form in the event of the other Party's material breach,provided that the breaching Party fails to or from performance or non-performance of obligations under the Master Agreement, including cure the specific breach within thirty(30) days following date of written notice from the non- without limitation,damages or claims in the nature of lost revenue,income or profits,loss of use, breaching Party specifying the purported breach; (ii)the Master Agreement or any Order Form or cost of capital, irrespective of whether such damages are reasonably foreseeable and immediately upon the institution by or against the other Party of insolvency, receivership or irrespective of whether such claims are based upon negligence,strict liability contract,operation of bankruptcy proceedings or any other proceedings for the settlement of the other Party's debts;or law or otherwise. (iii)the Master Agreement for convenience by giving the other Party sixty(60)days prior written 7.Warranty Limitations. IF THE SOLUTIONS BECOME OR ARE LIKELY TO BECOME THE notice,provided,however,that neither Party may terminate the Master Agreement so long as any SUBJECT OF ANY THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIM OR Order Form thereunder remains in effect, In addition, if Customer is enrolled in a demand ACTION. PROVIDER MAY, AT PROVIDER'S SOLE OPTION, EITHER: (I) REPLACE SUCH response program,either Party may terminate the portion of the Order Form applicable to such SOLUTIONS WITH AN EQUALLY SUITABLE SOLUTION FREE OF INFRINGEMENT; (II) program(iv)if such Program is materially altered,suspended or ended;or(v)in accordance with MODIFY OR OBTAIN A LICENSE FOR THE SOLUTIONS SO THAT THEY NO LONGER the terms set forth in the applicable Program Rule Attachment attached to the Order Form. INFRINGE ON ANY RIGHTS; OR(III)AFTER PROVIDER HAS DEMONSTRATED ITS GOOD 17.Notices.Any notices required or permitted to be given hereunder by either Party to the other FAITH EFFORTS TO ACHIEVE THE FOREGOING WITHOUT SUCCESS, TERMINATE THE Party shall be given in writing by:(i)personal delivery;(ii)bonded courier or nationally recognized MASTER AGREEMENT. EXCEPT AS PROVIDED HEREIN. THE SOLUTIONS (AND ANY overnight delivery company;or(iii)electronic mail.If notice is given by personal delivery,bonded SOFTWARE, HARDWARE, OR OTHER COMPONENT THEREOF) ARE PROVIDED AS IS courier or nationally recognized overnight delivery company,such notice shall be addressed to the WITHOUT ANY WARRANTY OF ANY KIND. ALL WARRANTIES. WHETHER EXPRESS OR Parties as follows(or to such other addresses as the Parties may request in writing by notice given IMPLIED,INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY AND pursuant to this Section)to Provider at EnerNOC,Inc.,Mrs Legal Department,One Marina Park FITNESS FOR A PARTICULAR PURPOSE,ARE EXPRESSLY DISCLAIMED TO THE FULLEST Drive,Suite 400,Boston,MA 02210;and to Customer at the Customer address indicated on the EXTENT PERMISSIBLE UNDER APPLICABLE LAW. Master Agreement. If notice is sent by electronic mail,such notice shall be sent to Provider at 8.Choice of Law.The Master Agreement shall be governed by and construed and enforced in contractmanagement@enemoc.com;and/or to Customer at the email address,if any,indicated on accordance with the laws of the State of Oregon,without giving effect to choice of law rules. the Master Agreement. 9.Data Enablement, If required by Provider for Customer's use and access to the Solutions, 19. Insurance.Provider shall maintain the following insurance:(i)Commercial General Liability Customer shall, within twelve (12) days following execution by the Parties of the Master Insurance with limits of$1,000,000 per occurrence and $2,000,000 aggregate; (ii) Automobile Agreement or an Order Form,as applicable,provide Provider with reasonable access to perform a Liability Insurance with limits of$1,000.000 per occurrence combined single limit;and(iii)Workers' data enablement for the Solutions,including the installation of an EnerNOC site server that allows Compensation and Employers' Liability Insurance with limits of not less than $500,000. All for Internet-based power metering, data collection, near real-time data communication, and insurance carriers must have an AM Best rating of A-VIII or better.Customer shall be listed as a Internet-based reporting and analytics.Customer agrees to collaborate with Provider in a timely certificate holder and additional insured on the Commercial General Liability policy.Customer shall manner in enabling data for the Solutions and in testing, enabling and maintaining the installed be notified in writing at least thirty(30)days prior to cancellation of any insurance policy. EnerNOC site server,the Solutions and any other components of the EnerNOC system. N.=RNOC Provider: Order Form EnerNOC, Inc. One Marina Park Drive, Suite 400 Boston, MA 02210 Customer: Master Agreement#: 00129053.0 Name: CITY OF LAKE OSWEGO Order Form#: Q-00005615 DR Payment Contact: Kari Duncan Order Effective Date: 12/1/2016 Order Expiration Date: 11/30/2021 (503)635-0393 kduncan@ci.oswego.or.us Prepared By: Eric Bakken DR Payment Address: 380 A AVE, Lake Oswego, OR 97034- 3036 eric.bakken@enernoc.com Generated On*: 9/21/2016 *After thirty(30)days,Provider may change the pricing below unless this Order Form has been fully executed. Demand Response Solutions Estimated No. of Aggregate Anticipated Capacity Payment Demand Response Program' Site Addresses Capacity(kW) Rate Energy Payment Rate PGE Energy Partner 5 2,200 $34.02/kW Year $.125/kWh *The program rule attachment(s)applicable to the demand response program(s)identified above is attached hereto. The product specifications sheet applicable to the Solutions is available at http://www.enernoc.com/product-documents. Any values identified above as "estimated" will be agreed to by the parties in a signed Statement of Work for any professional service Solutions and/or a signed Site Agreement for any other Solutions, which shall reference this Order Form and be attached hereto as sequential exhibits. Program Rule Attachment PGE Energy Partner I. Program Description. Portland General Electric's ("PGE") Energy Partner Program (the "Program") enables participants to receive payments for being available and reducing electricity consumption during peak usage periods. 2. Program Rules. The terms herein will reflect the Program terms and conditions which may be amended from time to time by PGE, the current terms of which are summarized in the table below: The Program will run for a three (3) month period from July 1 through September 30 ("Summer Period") and for a three (3) month period from December 1 through the last day of February (" Winter Period",with the Summer Period, each a "Program Period"). Program Availability Demand response events during the Summer Period and Winter Period ("Program Events') may be called during non-holiday weekdays from (i) 12:00 p.m. to 10:00 p.m. Pacific Time for the Summer Period, and (ii) 6:00 a.m. to 11:00 a.m. Pacific Time and 4:00 p.m. to 9:00 p.m. Pacific Time for the Winter Period (the"Program Hours"). In addition to Program Events, PGE reserves the right to call voluntary demand response events outside of a Program Period ("Voluntary Events")during Program Hours in the months of October, Voluntary Events November, March, April, May and June. Customer shall use commercially reasonable efforts to respond to Voluntary Events. Customer's performance during Voluntary Events will not impact Capacity Payments (as defined below), but will be included in Customer's Energy Payments (as defined below). Event Trigger Program Events may be called at PGE's discretion and typically coincide with peak demand on the electric grid. Advanced Notification Customers are expected to be able to respond within ten (10) minutes of being notified of a Program Event. Maximum of forty (40) Program Event hours within a Program Period, with Program Event duration ranging from a minimum of one(1)hour to a maximum of five(5) hours. Event Frequency&Duration Maximum of one(1) Program Event per day, provided that Program Events may not be called for more than two (2) consecutive days during a Program Period or for more than ten (10) Program Events per month within a Program Period. 3. Customer Capacity. a. Accepted Capacity. "Accepted Capacity"shall represent the best estimate of Customer's expected curtailment based on analysis of consumption data and pre-enrollment testing. Customer agrees that the Accepted Capacity may be adjusted by Provider in the future to reflect actual performance, changes in facility operations, Program rules, regulations and/or other relevant information. b. Delivered Capacity. "Delivered Capacity"shall be defined as the average difference between the measured energy demand (in kW)and baseline energy usage over each demand response event. 4. Payments. a. Payments to Customer. i. Capacity Payments. For each calendar month of a Program Period, Provider will pay to Customer a capacity payment ("Capacity Payment") equal to the product of a Capacity Payment Rate and either (a) the hourly weighted average of Customer's Delivered Capacity for each Program Event during such month; or(b)if there are no Program Events during such month, the hourly weighted average of Customer's Delivered Capacity for each Program Event during the month prior to such month; or (c) if there are no Program Events during such month and such month is the first month of the Program Period, Customer's Accepted Capacity for such month. Provider may, at its sole discretion, increase the Capacity Payment to Customer for any calendar month of a Program Period. ii. Energy Payments. In months when one (1)or more demand response events are called, Provider will pay to Customer an Energy Payment in connection with Customer responding to a demand response event when notified by Provider. The"Energy Payment"shall be equal to the product of Customer's Delivered Capacity for a demand response event and either(a)an Energy Payment Rate if such demand response event is a Program Event; or (b) the Voluntary Event Rate (as defined below) if such demand response event is a Voluntary Event. The "Voluntary Event Rate" for a Voluntary Event shall be the rate emailed to Customer by Provider prior to such Voluntary Event. iii. Payment Cap. Delivered Capacity is capped at 115% of Accepted Capacity for each demand response event. Provider may, at its discretion, adjust such 115% cap on Delivered Capacity for any portion of a particular Program Period on a case by case basis as conditions warrant iv. Underperformance. In no event shall Customer be penalized for underperformance by being required to return money to Provider. If Customer underperforms, adjustments will be made to future payments so that total payments made to Customer for the Program Period will reflect Delivered Capacity for such Program Period. b. Payment Timing. Provider shall make all payments associated with Customers participation in Program Events and Voluntary Events to Customer on a quarterly basis, and such payments shall be made within forty-five(45)days of Provider's receipt of total quarterly payment from PGE. 5. Miscellaneous. a. Termination. Provider may terminate the Order Form with respect to the Program described in this Program Rule Attachment upon thirty(30)days written notice to Customer. Exhibit A: Provider: EnerNOC. Inc. Site Agreement One Marina Park Drive, Suite 400 Boston, MA 02210 Customer: Order Form#: Q-00005615 Name: CITY OF LAKE OSWEGO Site Agreement Effective Date: 12/1/2016 Address: 380 A AVE City,State,Zip: Lake Oswego, OR 97068 This Site Agreement(this"Site Agreement"), made by and between Provider and Customer, is incorporated by reference into the order form referenced above. Site Address Solutions Demand Response Programs Anticipated Capacity(kW) 15505 QUARRY Road Demand Response PGE Energy Partner 100 Lake Oswego.OR 97035 4260 KENTHORPE WAY Demand Response POE Energy Partner 1,500 West Linn,OR 97068 91 Kerr Pkwy Demand Response PGE Energy Partner 50 Lake Oswego,OR 97035 105 E Clackamas Blvd Demand Response PGE Energy Partner 500 Gladstone,OR 97027 AT BUCKBRUSH AND TCHSTONE Demand Response PGE Energy Partner 50 Lake Oswego,OR 97035 By signing below,each party accepts and agrees to be bound by this Site Agreement as of the date first set forth above. Provider Customer City�ke Oswc Signature .-- — Signature 7t4,- --2 - ?,a6yName i 11 Kari Duncan Tit j ;� '� Title 11Y�� �J� Water Treatment Plant Manager 0ENERNOC Provider: Master Agreement EnerNOC, Inc. y One Marina Park Drive, Suite 400 Boston, MA 02210 Customer: Name: CITY OF LAKE OSWEGO Master Agreement#: 00129053.0 Address: 380 A AVE Effective Date: 12/1/2016 City, State,Zip: Lake Oswego, OR 97034-3036 Phone: (503)635-0393 Email: kduncan@ci.oswego.or.us This Master Agreement(this"Master Agreement"), made by and between the provider identified above("Provider")and the customer identified above("Customer'), is subject to and governed by Provider's terms and conditions available at http://www.enernoc.com/terms-and-conditions-1.1-US.pdf("Terms and Conditions"), which are hereby incorporated by reference. Provider and Customer are referred to herein collectively as the"Parties" and each individually as a"Party"to this Master Agreement. The term of this Master Agreement shall commence on the effective date set forth above("Effective Date")and continue until terminated in accordance with the Terms and Conditions("Term"). Provider will issue order form(s)(each an'Order Form")setting forth the solutions to be provided to Customer(the"Solutions"),the fees for the Solutions, and any other terms applicable to the Solutions. The initial Order Form Q-00005615(the"Initial Order Form") is attached hereto. Each subsequent Order Form entered into between the Parties will reference this Master Agreement and will be attached hereto. Special Terms Applicable to the Initial Order Form: 1. Term.The term of the Order Form shall commence on the Order Effective Date and continue until the Order Expiration Date ("Order Term"). Notwithstanding the foregoing, if Customer is enrolled in a demand response program with a Program Period (as defined in the applicable Program Rule Attachment attached to the Order Form)that would otherwise extend beyond the Order Term, then the Order Term with respect to such demand response program shall be extended until the end of such Program Period. 2. Solutions a. Demand Response Solutions. The Parties understand that the"Anticipated Capacity"value identified on the Order Form and on the Site Agreement attached thereto is solely the Parties'best estimate of performance and does not represent Customer's Accepted Capacity(as defined in the applicable Program Rule Attachment attached to the Order Form). 3. Payments. a. Demand Response Solutions Payments. In connection with the demand response Solutions at the site addresses agreed to by the Parties in signed Site Agreements(s)attached to the Order Form, Provider shall pay Customer as set forth in the applicable Program Rule Attachment attached to the Order Form. Unless otherwise indicated on the applicable Program Rule Attachment attached to the Order Form,any reference to"%"shall mean(i)for the capacity payment rate identified on the Order Form ("Capacity Payment Rate"), percent of the price obtained by Provider for the applicable demand response program and/or product,and(ii)for the energy payment rate identified on the Order Form ("Energy Payment Rate"), percent of the energy payments available to Provider. By signing below, each Party accepts and agrees to be bound by this Master Agreement as of the Effective Date. Provider Customer Signature: Signature: Name: Name: Title: Title: APPENDIX G PGE ALTERNATE SERVICE AGREEMENTS RIVER INTAKE PUMP STATION AND WATER TREATMENT PLANT RESOLUTION 15-02 A RESOLUTION OF THE LAKE OSWEGO CITY COUNCIL APPROVING AN AGREEMENT FOR ALTERNATE SERVICE BETWEEN PORTLAND GENERAL ELECTRIC COMPANY, THE CITY OF LAKE OSWEGO AND THE CITY OF TIGARD RELATING TO CONSTRUCTION OF A WATER TREATMENT PLANT, AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT. WHEREAS, on August 6, 2008,the Lake Oswego and Tigard (the "cities") executed an Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction, and Operation ("Agreement"); and WHEREAS,the cities have determined that it is in the best interests of both that the design and construction of certain Water Supply Facilities include a back-up source of electrical power for planned and emergency interruptions of primary electrical power that may occur over the operating life of such facilities; and WHEREAS, through analysis of alternatives for providing a back-up source of electrical power, the cities have determined that entering into an agreement for alternate electrical service ("Agreement") with Portland General Electric ("PGE") best meets the cities' objective of providing a reliable supply of water to their citizens for public health,fire suppression, sanitation and economic development; and WHEREAS, the Agreement commits PGE to providing the cities on-demand access to a second source of electrical power from its electrical supply system in perpetuity, in exchange for a one- time lump sum payment of$538,698; IT IS RESOLVED by the Lake Oswego City Council that: Section 1. The City Manager is authorized to sign the Agreement substantially in the form attached hereto as Exhibit 'A'. Section 2. This Resolution shall be effective upon its adoption by the City Council. Considered and enacted at the regular meeting of the Lake Oswego City Council on the 20TH day of January 20, 2015. Resolution 15-02 Page 1 of 2 AYES: Mayor Studebaker, Bowerman, Buck, Gudman,Gustafson, Manz, O'Neill NOES: None EXCUSED: None ABSTAIN: None // 44) - ,j1-Utitl-lilt-L Kent Studebaker, Mayor ATTEST: 46(n1A/411AIWA. Catherine Schneider, City Recorder APPROVED AS TO FORM: (1 David Powell, City Attorney Resolution 15-02 Page 2 of 2 Exhibit A CITY OF LAKE OSWEGO;CITY OF TIGARD AND PORTLAND GENERAL ELECTRIC COMPANY AGREEMENT FOR ALTERNATE SERVICE (Water Treatment Plant in West Linn) 2014 1Service Agreement Exhibit A This Agreement for Alternate Electric Service ("Agreement") is between the City of Lake Oswego, an Oregon municipal corporation; the City of Tigard, an Oregon municipal corporation; both hereinafter referred to as "Customer" and PORTLAND GENERAL ELECTRIC("PGE"), an Oregon corporation. PGE and Customer are hereinafter sometimes referred to individually as "Party" and collectively as the "Parties". The Parties agree as follows: 1. Term of Agreement This Agreement shall commence on the date of execution and remain in effect for as long as Customer requires alternate electric service at the location described below, or until Customer provides written notice to PGE in accordance with paragraph 10a) herein,whichever is earlier. 2. Conditions of Service PGE reserves the right to test,operate,and maintain the PGE equipment involved.Customer will be notified, in writing or by using another mutually agreeable method of communications, in advance,to the extent practicable, if the alternate service will be unavailable for more than 24 hours. This Agreement does not provide for increases in PGE's alternate service capacity and service may,therefore, be interrupted if actual kVA demand, by Customer, on the alternate service facilities exceeds the contracted maximum kVA demand. 3. Location to be Served and Point of Delivery a) The alternate electric service capacity, agreed to herein, shall be available for use at Customer's premises located at: 4260 Kenthorpe Way, West Linn, OR 97068. b) The point of delivery of the alternate electric service is specifically described as: Termination lugs for the 750 kcmil ALXLP cable contained within the EUSERC-compliant (section 400 of the 2012 Electric Utility Service Equipment Requirements Committee standards manual), 15 kV-rated, revenue metering cabinet located at Lake Oswego/Tigard Water Partnership Water Treatment Plant(4260 Kenthorpe Way, West Linn, OR 97068). See Exhibit 1. [006977.011/179295/212IV'FtnrTreLLmen. 'l 'IL-Alternate Service Agreement Exhibit A 4. Payment a. Contracted Demand: Customer agrees to pay PGE a one-time lump-sum payment of$530,698. Subject to timely receipt of the one-time lump-sum payment to PGE and following completion of construction of the necessary facilities, PGE agrees to provide 4,000 kVA of alternate service capacity pursuant to the terms and conditions of this Agreement. b. Demand in Excess of Contracted Amount: When the alternate service is utilized,Customer's monthly billing will consist of: i)the standard kW and kVAR demand charges on either the preferred or alternate service,whichever is the greater;ii)the sum total kWh charge for both services; and,iii) in the event that Customer imposes a kVA demand on the alternate service facilities in excess of the above-listed, Customer will pay PGE an additional monthly amount for that month and the succeeding 11 months.The additional monthly amount, discussed in (iii) above,will be determined by multiplying the excess kVA demand by the then-current tariff sum of transmission and distribution demand charges and the applicable facilities capacity charges. For informational purposes only, currently,the sum of these monthly charges is$4.75 per kVA fora Schedule 85 primary voltage customer at 4,000 kVA,however,this rate is subject to change.Should a condition of kVA demand occur,which exceeds the maximum kVA contracted for under this Agreement, Customer shall either modify operations to prevent excess kVA demand or execute a supplemental Agreement with PGE for the additional amount of alternate service required. It is understood and agreed that the cost of accommodating additional alternate service for Customer will be based on the costs of PGE in effect at that time. Customer will also be billed actual cost of any damage to PGE's alternate service facilities caused by Customer's alternate service demand in excess of the contracted amount. 5. Advanced Notice for Using Alternate Facilities Either PGE or Customer may arrange for service to be provided through the alternate service facilities. Customer must gain prior approval for non-emergency usage by providing written notice to PGE five (5) days in advance of the desired switch. Notice to PGE shall be provided to Andrew Schafer, Key Customer Manager(503-464-2583). [006977.011/179295/2]31 ' 'zter __d:h.ntPI rt-Alternate Service Agreement • Exhibit A 6. Indemnification Customer shall,to the fullest extent permitted by law, protect, defend, indemnify and hold harmless PGE and its affiliates and their respective employees, directors, and agents ("Indemnitees")from and against any losses, costs,claims, penalties,fines, liens, demands, liabilities, legal actions,judgments, and expenses of every kind (including,without limitation, reasonable attorney fees, including at trial and on appeal) asserted or imposed against any Indemnitees by any third party (including,without limitation, employees of Customer or PGE) and arising out of the negligent or wrongful acts or omissions of Customer or any subcontractor of or consultant to Customer or any of their respective employees, directors or agents arising out of or in any way related to the performance or nonperformance of this Agreement ("Indemnified Losses"), except to the extent such Indemnified Losses are caused by the sole negligence or willful misconduct of the Indemnitees. Customer warrants to PGE that its indemnity obligation will be supported by liability insurance to be furnished by it,or self-insurance approved by PGE for these purposes; provided that recovery under or in respect of this indemnity shall not be limited to the proceeds of any insurance. 7. Disclaimer of Consequential Damages • EXCEPT TO THE EXTENT REQUIRED BY LAW, PGE SHALL NOT BE LIABLE TO CUSTOMER FOR ANY LOST OR PROSPECTIVE PROFITS OR ANY OTHER SPECIAL,PUNITIVE, EXEMPLARY,CONSEQUENTIAL, INCIDENTAL OR INDIRECT LOSSES OR DAMAGES (IN TORT,CONTRACT OR OTHERWISE) UNDER OR IN RESPECT OF THIS AGREEMENT. 8. Successors and Assigns Customer may assign this Agreement to a third party or a successor in interest as long as a) in PGE's reasonable judgment such third party's or successor's creditworthiness and ability to perform Customer's obligations under this Agreement are at least as good as that of Customer;and b)the assignee or successor agrees to be bound by all the terms of conditions of this Agreement. 9. Cancellation of Previous Agreements Any and all former agreements between Customer and PGE for the alternate electric service covered by this Agreement are hereby canceled and terminated. [006977.011/179295/2j4I t..rT-o ,o4nt .1! 3t-Alternate Service Agreement Exhibit A 10. Termination of This Agreement a) This Agreement may be terminated by Customer upon 30 days'written notice to PGE.The subsequent availability of alternate electric service is subject to all changes in applicable tariffs, including Utility Rules and Regulations and all lawful orders of the Public Utility Commission of Oregon. b) Should the payment for alternate service be on a monthly basis, upon termination Customer will pay to PGE the amount that PGE's depreciated investment in such alternate service facilities exceeds the current value of the facilities to PGE. c) If the Customer has made a lump-sum prepayment to PGE for the alternate service facilities, upon termination PGE will pay to the Customer an amount equal to the current value to PGE for said facilities.This amount will not exceed the undepreciated amount of said facilities at the time of such termination. d) In the event that the Customer fails to prevent excess kVA demand and refuses to timely execute a supplemental agreement with PGE for the additional amount of alternate service required by it, upon written notice to Customer, PGE may terminate this Agreement and Customer shall be responsible for all outstanding amounts owed to PGE including the payment under section 10b),to the extent applicable. INTENTIONAL BREAK SIGNATURE PAGE TO FOLLOW [006977.011/179295/2151 ' ! te- rc: _ment ?Ln'_-Alternate Service Agreement Exhibit A CUSTOMER: CITY OF LAKE OSWEGO LAKE OSWEGO—Approval as to Form (Signature,Title) (Initials, Date) (Date) CUSTOMER: CITY OF TIGARD TIGARD—Approval as to Form (Signature,Title) (Initials, Date) (Date) COMPANY: PORTLAND GENERAL ELECTRIC COMPANY (Signature,Title) (Date) PGE—Rates and Regulatory Affairs PGE—Legal Review (Signature,Title) (Initials, Date) (Date) 611 :-,e, Trer.n ;.nt:lizit-Alternate Service Agreement -1 a i_•` ( 9/5/14 I Alternate Service 1 c -''..-fl •'..."i++ (Oswego-Marylhursti I . L— North at 0r \ A emac.--�j}1 1-#750 kcmil ALXLP I I I in C4 MC Conduit. If I ' to i 1t, p r; 11 ; 5106-PGE Vault with I ItII:l I Ir roa n B 3 Heavy-nut),Lid 1 i �- — t, f. 11t- -- 3I .T) �' I p• 09471 ` ` -- Attachment to Alternate _ / Service Agreement o f 13 kV PGE Service to Lake ` pa Metenng Cabinet Oswego/Tigard Water E I EUSERC 401 Compliant Partnership Treatment Plant 1 - _ Approximate Locations and Quantities of PGE Equipment By: Ken Spencer,PE x { 503.849.7007 S I > Partial Site Plan—No Scale ---,-"-='—'.- 1.1' !. MAW 000 M '1.-- -visa \ 1, -i‘s 1-- i 1 -----. * / 6,s ,l \_. .S . 1 f '...I.Y. j;- T ' 7 "S. I 11 + j te'. r. ! „. i ( �w ` ' Ill ........-+—.11 ' =- Y:�, I!f ''1 - ' °"" :,-' V •r�'.' , I. 'n"... E O ;• ( ,c 11 , , I 1 ,I i I.M.. i :; �-rte,..:err' Jj-_J-1J�S\ ":tillI I. _' � (� —1 , �--�_ 410106 • 6 •�••• • 1 l__ , MR.ISO 1■ - .— • • —� I » " ! —' I�^ „�� r`� I —, ter, ern,.•, ii ..,M.. 1,' M I �I 6-�le i.......77—..... '' ^ ---,I-11X1 / I_ I I .Fr-, bre I... 1 w I j 1�1 r.<n 4 I I : -r-- f,n IQ Fa. —I U: . . - ._. CONSTRUCTION NOTES: .,.. LEGEND _NEW PCE SACSLIFS '.0 et OKiAI life mu...,. ...."S, %Aut.• . ._. ... amir iry x;•14. •1.1..11 � , ... 1,'Q �f` Kl �•` Ig I t ..`«' 6.+ •T= 37.-=�. .Tg 1.;V7 'G"G. re sena u.,«nw wr v.-v ,1 is ?Cp. ^1f�',„ �1 „.e k"1^i<" 1•:-."••• ,, i. t,,Sy7,tC F' `~ • Ca„...r« • r '.-7:5Lw... _�f :-.M•IIEt. ~ .�/�j s.s„4A,ra.,a I i j'' .Ll�BE:s • 7 • »*Mzr t -IA,1-4 `\ 10 1 \\• -• • i: KMtJJJ4 ._y y,.r4::.t..M .., - —__ :+. q..,Ya .. �!�_'se.,-mac.'+.":"-.'7•�'. i t� % ,_,•�e,,„ 9WIc I tM.'Me[war,.,A; • % ery 3 , I tr viciwn,1441. A+ tel/ Ai Lrrtr."=",..==... ,, ri.,Ir.•*ow..s.............. -' •..:. J CITY OF LAKE OSWEGO; CITY OF TIGARD AND PORTLAND GENERAL ELECTRIC COMPANY AGREEMENT FOR ALTERNATE SERVICE (River Intake Pump Station in Gladstone) 2014 This Agreement for Alternate Electric Service ("Agreement") is between the City of Lake Oswego, an Oregon municipal corporation; the City of Tigard, an Oregon municipal corporation; both hereinafter referred to as "Customer" and PORTLAND GENERAL ELECTRIC ("PGE"), an Oregon corporation, hereinafter the "Parties". The parties agree as follows: 1. Term of Agreement This Agreement shall commence on the date of execution and remain in effect for as long as the Customer requires alternate electric service at the location described below or until Customer provides written notice to PGE in accordance with paragraph 10a) herein, whichever is earlier. 2. Conditions of Service PGE reserves the right to test, operate, and maintain the PGE equipment involved. The Customer will be notified in writing or by using another mutually agreeable method of communications in advance,to the extent practicable, if the alternate service will be unavailable for more than 24 hours.This Agreement does not provide for increases in PGE's alternate service capacity and may therefore be interrupted if actual kVA demand by the Customer on the alternate service facilities exceeds the contracted maximum kVA demand. 3. Location to be Served and Point of Delivery a) No later than five business days after receipt of payment from Customer pursuant to section 4(a) of this Agreement, PGE shall install and maintain for the Customer's emergency use, sufficient alternate electric service capacity as contracted by the Customer at Customer's premises located at: 105 E. Clackamas Blvd, Gladstone, Oregon 97027 b) The point of delivery of alternate electric service is specifically described as: Termination lugs for#2 AL XLP cable contained within the EUSERC-compliant (section 400 of the 2012 Electric Utility Service Equipment Requirements Committee standards manual) 15 kV- rated revenue metering cabinet and located at Lake Oswego/Tigard Water Partnership River Intake Pump Station (105 E. Clackamas Blvd., Gladstone, OR 97027). See Exhibit 1. 21River Intake Pumping Station Alt Svc Agreement. 4. Payment a. Contracted Demand: Customer agrees to pay PGE a one-time lump-sum payment of two-hundred-seventy-three- thousand one hundred sixty-eight dollars, ($273,168) no later than September 30, 2014. Subject to receipt of the one-time lump-sum payment, PGE will provide 1,000 kVA of alternate service capacity under this Agreement. b. Demand in Excess of Contracted Amount: When the alternate service is utilized,the Customer's monthly billing will consist of the standard kW and kVAR demand charges on either the preferred or alternate service, whichever is the greater; the sum total kWh charge for both services and, in the event that the Customer imposes a kVA demand on the alternate service facilities in excess of the above-listed,the Customer will pay PGE an additional monthly amount for that month and the succeeding 11 months. This amount will be determined by multiplying the excess kVA demand by the current tariff sum of transmission and distribution demand charges and the applicable facilities capacity charges. Currently the sum of these monthly charges is$4.92 per kVA for a Schedule 85 secondary voltage customer at 1,000kVA. Should a condition of kVA demand which exceeds the maximum kVA contracted for under this Agreement occur, the Customer shall either modify operation to prevent excess kVA demand or execute a supplemental Agreement with PGE for the additional amount of alternate service required. It is understood and agreed that the cost of additional alternate service will be based on the costs of PGE in effect at that time. The Customer will be billed actual cost of any damage to PGE's alternate facilities caused by the Customer's alternate service demand in excess of the contracted amount. 5. Advanced Notice for Using Alternate Facilities Either PGE or the Customer may arrange for service to be provided through the alternate facilities. The Customer must gain prior approval for non-emergency usage by providing written notice to PGE five (5)days in advance of the desired switch. Notice to PGE shall be provided to Tiffany Delgado, Key Customer Manager (503-464-8635). 6. Indemnification Customer shall,to the fullest extent permitted by law, protect, defend, indemnify and hold harmless, PGE and its affiliates and their respective employees, directors, and agents 3lRiver Intake Pumping Station — Alt Svc Agreement ("Indemnitees") from and against any losses, costs, claims, penalties,fines, liens, demands, liabilities, legal actions,judgments, and expenses of every kind (including,without limitation, reasonable attorney fees, including at trial and on appeal) asserted or imposed against any Indemnitees by any third party (including, without limitation, employees of Customer or PGE) and arising out of the negligent or wrongful acts or omissions of Customer or any subcontractor of or consultant to Customer or any of their respective employees, directors or agents arising out of or in any way related to the performance or nonperformance of this Agreement ("Indemnified Losses"), except to the extent such Indemnified Losses are caused by the sole negligence or willful misconduct of the lndemnitees. Customer warrants to PGE that its indemnity obligation will be supported by liability insurance to be furnished by it, or self-insurance approved by PGE for these purposes; provided that recovery under or in respect of this indemnity shall not be limited to the proceeds of any insurance. 7. Disclaimer of Consequential Damages EXCEPT TO THE EXTENT REQUIRED BY LAW, PGE SHALL NOT BE LIABLE TO CUSTOMER FOR ANY LOST OR PROSPECTIVE PROFITS OR ANY OTHER SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT LOSSES OR DAMAGES (IN TORT, CONTRACT OR OTHERWISE) UNDER OR IN RESPECT OF THIS AGREEMENT. 8. Successors and Assigns The Customer may assign this Agreement to a third party or a successor in interest as long as a) in PGE's reasonable judgment such third party's or successor's creditworthiness and ability to perform Customer's obligations under this Agreement are at least as good as that of Customer; and b)the assignee or successor agrees to be bound by all the terms and conditions of this Agreement. 9. Cancellation of Previous Agreements Any and all former agreements between the Customer and PGE for alternate electric service covered by this Agreement are hereby canceled and terminated. 10. Termination of This Agreement a) This Agreement may be terminated by the Customer upon 30 days' written notice to PGE. The availability of alternate electric service is subject to all changes in applicable tariffs, including Utility Rules and Regulations and all lawful order of the Public Utility Commission of Oregon. 41River Intake Pumping Station -- Alt Svc Agreement b) Should the payment for alternate service be on a monthly basis, upon termination Customer will pay to PGE the amount that PGE's depreciated investment in such alternate service facilities exceeds the current value of the facilities to PGE. c) If the Customer has made a lump-sum prepayment to PGE for the alternate service facilities, upon termination PGE will pay to the Customer an amount equal to the current value to PGE for said facilities.This amount will not exceed the initial investment in said facilities minus depreciation accrued at the time of such termination. d) In the event that the Customer fails to prevent excess kVA demand and refuses to execute a supplemental agreement with PGE for the additional amount of alternate service required, upon written notice to Customer, PGE may terminate this Agreement, and Customer shall be responsible for all outstanding amounts owed to PGE including the applicable payment under section 10b). IN WITNESS WHEREOF,the undersigned parties have executed this Agreement this day of , 2014. CUSTOMER: CITY OF LAKE OSWEGO CUSTOMER: CITY OF TIGARD c� % A434,4Giry /1M/vAae,Z_ �G�C-7 GL 64 M 0 00,:`.. (Signature, Title) (Signature,Title) /�///L- 2014 (Date) (Date) IQh,P ,rj 4 vavu. COMPANY: PORTLAND GENERAL ELECTRIC COMPANY 4 44-he US (Signature, Title) � v? C5T4 � €'747, 14-$Woriktex V-2-‘1% (Date) PGE - Rates and Regulatory Affairs PGE- Legal Review 11.31 I 4- (Signature, Title) (Initials, Date) (Date) 51River Intake Pumping Station — Alt Svc Agreement 1 E 1 3-#2 AL XLP in 4"PVC 1 Conduit. Alternate Service _ (Abernathy- $ ___ - •+ Clackamas Heights) NOTE 3 •- ----- L 1 '- r r- - 4 --�_ ft-,_� f PGE Metering Cabinet. ft isbi .. EUSERC 401 Compliant \ L (fit _ 1111 , .. UTILITY METERING \ REQUIRED %ORKIN° —; ill I ` RP ' ENCLOSURES ACE BOUNDARY- -.__ 't4- t. �� "�ilt M — 15kV PAD-MOUNTEDA - SWITCHGEAR ; EE £5 RAW-03-SNC-001 JENNINGS LODGE UTILITY SERVICE ,� iiiiiktH -1'Oi E DROP _ - -.- 1500/188OkYA TRANSFORMER t• E RAW-03-XFY-001 grilkf r f E _ e ES 1500/1$BOKVA TRANSFORMER RAW-O3-XFM-002— Partial Site Plan — No Scale [ 3'24'14 4 ;1 North 13 kV PGE Service to Lake Oswego/Tigard Water Partnership River Intake Plant Approximate Locations and Quantities of PGE Equipment Exhibit 1 By: Ken Spencer, PE 503.849.7007 APPENDIX H WEST LINN/LAKE OSWEGO/TIGARD EMERGENCY INTERTIE AGREEMENT AMENDED AND RESTATED INTERGOVERNMENTAL COOPERATIVE AGREEMENT FOR WATER SYSTEM INTERTIE BETWEEN THE SOUTH FORK WATER BOARD,THE CITY OF LAKE OSWEGO,THE CITY OF TIGARD AND THE CITY OF WEST LINN This Agreement is made and entered into by and between the South Fork Water Board, an intergovernmental entity created pursuant to ORS Chapter 190, serving as a water supply agency and jointly owned and operated by the Cities of Oregon City and West Linn, hereinafter referred to as "Board,"and the City of Lake Oswego,an Oregon municipal corporation, hereinafter referred to as"Lake Oswego" and the City of West Linn, an Oregon municipal corporation, hereinafter referred to as "West Linn," and the City of Tigard, an Oregon Municipal Corporation, hereinafter referred to as "Tigard," all hereinafter collectively referred to as the "Parties." RECITALS The Parties agree upon the following recitals: 1. The Board,West Linn and Lake Oswego entered into an intergovernmental cooperative agreement in 1984 to provide for the construction,operation and maintenance of an emergency water system intertie between the water supply system of the Board and West Linn and the water supply system of Lake Oswego. 2. The facilities as described in the 1984 agreement, which are located near the intersection of Old River Road and Kenthorpe Way in West Linn,were constructed and the intertie became operable in that same year. 3. The intertie has been utilized periodically since 1984 during emergencies and scheduled shut- downs to provide water supply between the Board,West Linn and Lake Oswego. 4. After the construction of the intertie,West Linn, Lake Oswego and the Board jointly funded, and West Linn constructed,a pump station on Old River Road near its intersection with Kenthorpe Way to provide for automatic and unattended operation of the intertie. 5. The intertie, pump station and appurtenant facilities provide benefit to all of the Parties to this agreement. 6. Lake Oswego and Tigard entered into an intergovernmental cooperative agreement that conveys an ownership interest in the existing water supply facilities that supply emergency water to West Linn and Board, and provides for construction of new water supply facilities including an expanded water treatment plant and raw and finished water pipelines to supply Lake Oswego and Tigard's long term water needs. 7. The changes in ownership and anticipated facilities expansion called for in the intergovernmental agreement between Lake Oswego and Tigard necessitate amending the existing water system intertie agreement and adding Tigard to the agreement. 1 8. The Parties desire that this agreement supersede and replace the 2003 agreement. 9. The Parties acknowledge that they have the authority to execute this cooperative intergovernmental agreement pursuant to the terms of their respective municipal charters and pursuant to ORS 190.010 et seq. NOW THEREFORE,in consideration of the mutual covenants and agreements contained herein, it is agreed by and between the Parties hereto as follow; 1. "Water Supply Facilities" Defined.As used herein,the term"water supply facilities" means river intake, raw and finished pumping facilities,water treatment facilities, water storage facilities, and all other infrastructure used in conjunction with the appropriation,treatment, storage or transmission of the Parties'water. 2. "Emergency Condition" Defined.An "emergency condition" is an occurrence created by a failure of a Party's water supply facilities,or the occurrence of an event that jeopardizes a Party's water quality, whereby insufficient supply of water to the Party's customers could threaten the health or safety of those customers.Such failure includes failure or interruption in the operation of river intakes,raw and finished water pumping facilities, water treatment facilities, raw and finished water pipelines, reservoirs, and appurtenant facilities. "Emergency condition" does not include a situation that involves the loss of water pressure or diminution in water volume in a water distribution system during periods of high demand if the system remains in a normal operational mode or a reduction in available water resulting from regulatory action by a state or federal agency. 3. Use of Water Intertie. a. Emergency Conditions. Use of the water intertie during an emergency condition may be accomplished by the mutual consent of the Executive Officer of each Party or the Executive Officer's designee. b. Non-Emergency Conditions Less Than Two Weeks.Temporary use of the intertie for a period less than two weeks during scheduled maintenance and repair may be accomplished by the mutual consent of the Executive Officer of each Party or the Executive Officer's designee. c. Non-Emergency Conditions Greater Than Two Weeks. Prolonged use of the intertie for more than two weeks during scheduled maintenance and repair must be approved by the Executive Officer of each Party. 4. Location and Description of Water System Intertie.The water system intertie and pump station facility is located at 20225 Old River Road. Supply to the pump station from Lake Oswego/ Tigard is from a connection to Lake Oswego's finished water transmission main. The pipeline connection between Lake Oswego's finished water transmission main and the intertie pump station is under the exclusive ownership and control of West Linn. The pump station and related valves and control systems allow the intertie to be used on a continuous and automatically controlled basis in both directions of supply, i.e. Board/West Linn to Lake Oswego/Tigard and Lake Oswego/Tigard to West Linn/Board.The pump station includes flow, pressure control,metering and telemetry facilities,and a connection for providing emergency power supply.The pump station,along with the facilities and appurtenances associated with it, 2 and any modifications thereto,constitute the water system intertie that is the subject of this agreement. 5. Title to Intertie Facilities.Title to the water system intertie facilities as described above in Paragraph 4 and the obligation to insure them shall be in the name of West Linn.Title to the property occupied by the intertie pump station will be in the name of West Linn. 6. Method of Water Supply Through Intertie.Supply to Lake Oswego and Tigard from the Board and West Linn will be by gravity through the piping, metering,flow and pressure control facilities associated with the intertie pump station.Supply to West Linn and the Board from Lake Oswego and Tigard will be accomplished by pumping from Lake Oswego's water system through the intertie pump station into West Linn's system. Instrumentation,control and telemetry systems in the station are under the primary control of West Linn. Lake Oswego has installed additional instrumentations,control and telemetry systems that provide for pump station status indication and additional control functions. West Linn will prepare and update as necessary an operating plan for the intertie pump station and appurtenant facilities and provide copies of same to the Board, Lake Oswego and Tigard. 7. Quantity of Water to be Supplied. Upon agreement between the Parties to make use of the intertie pursuant to Paragraph 3 of this Agreement,the Party supplying water shall endeavor to supply the amount of water requested by the other Party, and take all reasonable actions necessary to accomplish the same, so long as such actions are not detrimental to the operation of the supplying Party's own water system. Provided that Lake Oswego's supply facilities are expanded to a treatment capacity of 38 million gallons per day(mgd), Lake Oswego and Tigard can provide West Linn and Board with up to 4 mgd through at least 2041. 8. Cost of Water to be Supplied.The Parties agree to pay for all water provided through the intertie at a rate that is the greater of: a. The rate being paid by West Linn to South Fork for wholesale water;or b. The cost to Lake Oswego and Tigard to produce and deliver water to the inlet side of the intertie pump station,which in the first year of operation of the expanded treatment plant is estimated to be$0.95 per 100 cubic feet. The volume of water delivered shall be measured by the meter installed at the intertie pump station.The Parties have the right at any time to review rates for water supplied and make such adjustments to the cost of water provided,as they deem necessary and by mutual agreement of all Parties. In the event it is necessary for the Party supplying water through the intertie to obtain additional water from a water provider that is not a party to this agreement,the water rate charged to the Party receiving water under this agreement shall be the water rate charged to the supplying Party by the non-party water provider.The Parties further agree that water utilized for periodic testing and exercising of the facilities will be furnished between the Parties without cost. In addition to the rate charged for water,the Parties by mutual agreement reserve the right to impose wheeling charges. 3 9. Operation and Maintenance Costs. Lake Oswego and Tigard agree to supply the water used to exercise the intertie pumps at a rate of approximately 500 gallons per minute for one hour each week at no cost to West Linn or the Board. The Parties agree that West Linn, as the owner of the intertie facilities,is responsible for all other costs of the normal day-to-day operation and maintenance of the facilities. 10. Repairs, Renewals, Replacements, Upgrading and Modifications. The Parties agree that West Linn,as the owner of the intertie facilities, will be responsible for scheduling,contracting for and implementing any repairs, renewals, replacements, upgrading and modifications that may be required in the future to maintain or increase the function of the facilities. a. Cost of Repairs. West Linn shall be responsible for the cost of all repairs,except that Lake Oswego and Tigard agree to pay 50%of the cost of any repairs necessary to those facilities that benefit Lake Oswego and Tigard.Those facilities are defined as the piping, valves,vaults,metering, instrumentation and control systems, and appurtenant facilities that are used to provide water to Lake Oswego and Tigard from West Linn and the Board. b. Cost of Capital Improvements. The cost of any capital improvements or improvements that increase the function of the facilities will be shared in an equitable manner, based upon the benefit to be derived from each Party from each particular period. 11. Access to Water System Intertie Facilities. The Parties and their employees shall have access to the water system intertie facilities. 12. Agreement Not to Resell Water Without Consent. Except for existing wholesale customers or mutual aid agreements,the Parties agree that they will not resell water supplied under the terms of this agreement without prior written consent of all Parties. 13. Supersedes Prior Agreement. The Parties agree that this agreement supersedes and replaces the prior agreement executed in October(Lake Oswego), November(Board) and December (West Linn), 2003. 14. Amendment Provisions. The terms of this agreement may be amended by mutual agreement of the Parties.Any amendments shall be in writing,shall refer specifically to this agreement, and shall be executed by the Parties. 15. Termination of Agreement.This agreement shall remain in perpetuity until such time as it is terminated by the mutual written consent of all Parties. Termination of this agreement shall not affect ownership status of the water system intertie facilities hereinabove described. 16. Written Notices.All written notices required under this agreement shall be sent to: South Fork Water Board: General Manager South Fork Water Board 15962 S. Hunter Avenue Oregon City,Oregon 97045 4 City of Lake Oswego: City Manager City of Lake Oswego P.O. Box 369 Lake Oswego, Oregon 97034 City of Tigard City Manager 13125 SW Hall Blvd Tigard, Oregon 97223 City of West Linn: City Manager City of West Linn 22500 Salamo Road West Linn, Oregon 97068 17. Dispute Resolution: If a dispute arises between the Parties regarding this Agreement,the Parties shall attempt to resolve the dispute through the following steps: Step One(Negotiation) The Executive Officer or other persons designated by each of the disputing Parties will negotiate on behalf of the entity they represent.The nature of the dispute shall be reduced to writing and shall be presented to each Executive Officer, who shall then meet and attempt to resolve the issue. If the dispute is resolved at this step,there shall be a written determination of such resolution, signed by each Executive Officer and ratified by their respective Board or Council, which shall then be binding upon the Parties. Step Two(Mediation) If the dispute cannot be resolved within thirty(30)days at Step One,the parties shall submit the matter to non-binding mediation.The Parties shall attempt to agree on a mediator. If they cannot agree,the Parties shall request a list of five (5) mediators from the Presiding Judge of the Clackamas County Circuit Court.The Parties will attempt to mutually agree on a mediator from the list provided, but if they cannot agree,the mediator will be selected by the Presiding Judge of Clackamas County Circuit Court.The cost of the mediator shall be borne equally between the Parties, but each Party shall otherwise be responsible for its own costs and fees. !f the issue is resolved at this step,a written determination of such resolution shall be signed by each Executive Officer and ratified by their respective Board or Council. Step Three(Arbitration) If the Parties are unsuccessful at Steps One and Two,the dispute shall be resolved by binding arbitration proceedings pursuant to ORS Chapter 36. The Parties shall follow the same process as in Step Two for the selection of the arbitrator. Upon breach of this agreement,the nondefaulting Parties shall be entitled to all legal or equitable remedies available, including injunctive relief, declaratory judgment,specific performance and termination. Each party shall be responsible for its own attorney fees and costs. 5 IN WITNESS WHEREOF,the Parties have set their hands and affixed their seals as of the date and year hereinabove written. Board has acted in this matter pursuant to Resolution No. adopted on the u day of No4eYGr, 2013, or by any other acceptable means. Lake Oswego has acted in this matter pursuant to Resolution No./3-( l adopted on the 1 day of n ,2013,or by any other acceptable means. West Linn has acted in this matter pursuant to Resolution No. adopted on the ,`: '- day of Nn'ft,'"wL";2013,or by any other acceptable means. Tigard has acted in this matter pursuant to Resolution No. _ adopted on the day of '-.�:`uk, 2013, or by any other acceptable means. , ) ) South Fork Water Board, by and t ough its offi ' Is APPROVE TO FORM"? By: - , By: LA ( Dou: eeley Vic C air Chris'Crean,Attorney City of Lake Oswego, APPROVED AS TO FO by and through its o rials ....tBy: �-�� tii ,, ,,,,,,,,,t,_,. By: Kent Studebaker, Mayor David Powell,City Attorney Attest: bib, 1 -. A, i , Catherine Schneid- , iNty Recorder City of West Linn, APPROVED AS TO FORM by andthrough its officials (1k tAp....k, --A., , -,/,‘,.9. . ., JohnfKovash, rn Megan Thorntan,Assistant City Attorney y \ Attest: ,-i/v. Vvto\\.4-,---). ..,, Kathy Mollusky,City Recorder City of Tigard APPROVED AS TO FORM by By:anrhroggfrjt 5 icials By u John L.Cook, Mayor 1amis, Atto ey Attest (f r 1 IA-14i;Ai Cathy Wheatley,City Recorder �J 6 APPENDIX I COMMUNICATIONS PLAN oSWE�o. �9a Lake Oswego Tigard Water Partnership 4 • 4.PA fritit* Internal Communications Protocol This internal communications protocol is designed to ensure effective, clear communication between the City of Tigard and City of Lake Oswego and, establish a positive working relationship between the two parties. This protocol creates a set of ground rules for sharing and receiving information between both parties. 1 Key Personnel and Responsibilities Operations Committee Members: City of Lake Oswego: Primary: Kari Duncan Secondary: Kevin Batridge City of Tigard: Primary: John Goodrich Secondary: Aaron Beattie Oversight Committee Members (as of fall 2017): City of Lake Oswego: Mayor Kent Studebaker Councilor Jackie Manz (current Chair) City of Tigard: Mayor John Cook Councilor Jason Snider Responsibility/ Point Name Title of Contact (POC) City of Lake Oswego (Managing Agency) Primary Kari Duncan Water Treatment Plant (WTP) Manager Secondary Kevin Batridge Assistant Water Treatment Plant Manager Tertiary WTP Operator Acting Operator Acting in Capacity if WTP Manager in Capacity (AIC) and Asst. WTP Manager are out WTP Operations Staff WTP Operators and Staff Erica Rooney City Engineer Joel Kuhnke Water Distribution Superintendent Kevin McCaleb Water Conservation Specialist Anthony Hooper Public Works Director Page 1 Appendix I.a. LOTWP Communications Plan Internal.docx Katy Kerklaan Citizen Information Specialist Scott Lazenby City Manager Megan Phelan Assistant City Manager City of Tigard Primary John Goodrich Utility Manager Secondary Aaron Beattie Water Operations Supervisor Tertiary Brian Rager Public Works Director Kay Landsiedel Sr. Water Technician Jennifer Joe Water Quality Specialist Marissa Grass Public Information Officer Marty Wine City Manager Eric Zimmerman Assistant City Manager 2 Normal operating conditions 2.1 There is an ongoing commitment to communicate consistently and clearly between the parties, even if there is nothing to report. 2.2 The parties will establish a core email distribution group (in Microsoft Outlook) consisting of the Operations Committee members, WTP staff, primary, secondary and tertiary POCs, Water Conservation Specialist and Water Quality Specialist. 2.3 The parties will establish a comprehensive contact list (including phone numbers and emails) of all Operations Committee members, WTP staff and Tigard water staff. 2.4 For the long-term wellbeing of the partnership, both party's primary, secondary or tertiary POCs will share ongoing information and updates on issues via email, phone or monthly meetings to the Operations Committee members and email distribution group. 2.5 There is a commitment by the Operations Committee and both parties to meet on a minimum of a monthly basis to discuss issues of concern, update on water quality and water conservation efforts, and plan upcoming outreach activities. The Managing Agency is responsible for establishing and holding these meetings. The Operations Committee members will attend, along with other staff such as WTP staff, Water Quality, Conservation and Distribution staff from each City depending on agenda topics. 2.6 Oversight Committee meetings will be held quarterly. At least one representative from each City from the Operations Committee will attend and convene these meetings. Prior to the meeting, relevant reports or memos will be prepared and reviewed by the primary POCs from the Operations Committee. Page 2 Appendix I.a. LOTWP Communications Plan Internal.docx 3 Non-normal operating conditions Several events or circumstances that are considered "non-normal" will require notification and communication to the other party in a timely manner. Some of these conditions or events include: • PGE Energy Demand Response agreement curtailments/shut-downs/response events (refer to VI SUPPLY FACILITIES OPERATION section A. f. and Appendix F) in the Operations Plan) • Planned or anticipated changes in water quality • Implementation of water curtailment plan, voluntary or involuntary restrictions • Planned interruptions to service as a result of: o Planned inspections, maintenance or repairs o Corrective inspections and repairs o Regulatory restrictions or constraints o Emergency supply to others The communication approach will be handled in the following manner: 1. Relevant party POC notifies all Operations Committee members, and WTP staff via email or phone call, not less than 72-hours in advance of event. Notification will include the following information: a. The nature of the situation and cause b. What has been discovered/requested c. Actions that need to be taken and special instructions to affected parties -why, when and how d. Expected duration of event 2. Affected parties respond to notification via email or phone call (initiate closed- loop communication to verify notice has been received). 3. Both parties convene a conference call or face-to-face meeting if necessary,to mutually agree on next steps and required actions.This includes determining if an emergency response plan needs to be activated, an advisory or external announcement needs to be issued and if a higher level of communication is required. 1. Both parties POCs to implement required actions and additional notifications to required regulatory agencies including Lake Oswego Fire Department,Tualatin Valley Fire Department, and wholesale customers if impacted. 4. Each party notifies their relevant department staff. 5. Relevant party point of contact briefs Oversight Committee, Councils, City Managers if necessary. 6. Relevant party to update Operations Committee every 4 hours or as determined at the initial meeting. 7. Relevant party to notify Operations Committee, Oversight Committee, Councils, City Managers when the event or scenario has concluded, and normal operations have resumed. Page 3 Appendix I.a. LOTWP Communications Plan Internal.docx 4 Emergency operating conditions Emergency scenarios or operating conditions may include: • Unplanned interruption to supply service • Positive detections resulting in microbial contamination • Main break/loss of pressure • Natural disasters • Vandalism • Intentional contamination • High turbidity • Emergency supply to others • Regulatory restrictions or constraints • Emergency inspections or repairs The communication approach will be handled in the following manner: 2. Relevant party POC (primary or secondary POC) notifies Operations Committee representatives, the on call Operator for Tigard and Lake Oswego and City Engineer/Public Works Directors via email or phone call, as soon as possible within normal utility operational parameters. Notification will include the following information: a. The nature of the situation and cause b. What has been discovered/requested c. Actions that need to be taken and special instructions to affected parties -why, when and how d. Expected duration of event 3. Affected parties respond to notification via email or phone call within 1 hour (initiate closed-loop communication to verify notice has been received). 4. Both parties convene a conference call or face-to-face meeting if necessary, to mutually agree on next steps and required actions.This includes determining if an emergency response plan needs to be activated, an advisory or external public service announcement needs to be issued and if a higher level of communication is required. 5. Both parties POCs to implement required actions and additional notifications to required regulatory agencies including Lake Oswego Fire Department,Tualatin Valley Fire Department, Oregon Health Authority, Clackamas County Public Health and Washington County Public Health or others depending on the Emergency. 6. Each party notifies their relevant department staff. 7. Relevant party point of contact briefs Oversight Committee, Councils, City Managers. 8. Relevant party to update Operations Committee every 4 hours or as determined at the initial incident briefing. Page 4 Appendix I.a. LOTWP Communications Plan Internal.docx 9. Relevant party to notify Operations Committee, Oversight Committee, Councils, City Managers when the event or scenario has concluded, and normal operations have resumed. Page 5 Appendix La. LOTWP Communications Plan Internal.docx 40E60.Ti I :ftOCrt Communications Plan Introduction/Background The Lake Oswego Tigard Water Partnership's$254 million construction project is now complete, and work is transitioning into ongoing operation and maintenance of the new facilities. With this transition comes a change in communications efforts and outreach. Naturally,there will be less emphasis on project related messages and building awareness for the change in water source etc., However,there is a critical role both internal and external communications play in the effective operation of the partnership. Ongoing communication needs will still continue and coordinated messaging on key topics that are relevant to both cities and their customers will need to be developed as the operations committee begins to manage the joint assets. Communications Purpose and approach The purpose of this Communications Plan is to ensure effective and clear communication between member cities and the public regarding the Partnership's role as a water provider. This plan serves as a guide for establishing and maintaining effective communications channels, both internally and externally. This plan is intended to be a critical component of the Partnership's overarching Operations Plan. Objectives The main communication objectives are to: • Collaborate and support the development of coordinated messaging between the two cities on partnership matters • Promote and inform clear, consistent and coordinated messages • Maintain a dialogue to ensure no surprises—both internally and externally • Communicate accurate, consistent,timely and understandable information • Develop a clear internal communications protocol between the two cities • Implement effective two-way communication • Promote partnership services and facilities that provide value to customers • Communicate the benefits the new infrastructure provides to customers in terms of improved water quality, seismic resiliency and enhanced service delivery • Provide a framework for consistency and synergy between the two cities communications • Communicate effectively with partners and the public in order to protect public health • Increase public awareness of the partnership's role and service • Minimize public confusion with who is who's water provider • Provide the necessary communication support to allow for the successful implementation of this plan Page 1 Appendix I.b. LOTWP Communications Plan External.docx Key Audience and Stakeholders • Customers/ratepayers/public/businesses • Schools/parks/hospitals/emergency services • City staff—including utility billing,operations, public works,engineering, public affairs,fire, police • Elected officials in member cities • Oversight Committee members • Special interest groups • Media • Local,state,federal regulatory agencies • Local and regional water providers Messaging The partner cities will collaborate and develop coordinated and consistent messaging on: • Partnership(shared)facilities • Water treatment • Water source and supply • Conservation efforts • Water curtailment management o Voluntary o Involuntary o ASRs • Consumer Confidence Reports(Water Quality Reports) • Water Audits • Water Quality Sampling • Partnership website • Emergency preparedness • Campaigns and community events o National Drinking Water Week- May o Infrastructure Week- May o Emergency Preparedness Month-September o Imagine a Day Without Water—September/October • Outreach and events • Crisis/emergency communications Toolkit of materials/initiatives/modes of delivery: Below is a list of ongoing communications tools and outreach efforts which have been used to serve the partnership since its inception. Some of these tools are specific to Tigard or Lake Oswego, others are under the partnership umbrella.At this stage,this Communications Plan does not propose to eliminate any of them. However,as the partnership and member cities begin to transition into full-time operation mode and more is known about the role of the water quality and conservation programs now under the partnership umbrella, an assessment of the perceived effectiveness of these communication tools Page 2 Appendix I.b. LOTWP Communications Plan External.docx should be conducted.There may be opportunities to combine efforts, make improvements, eliminate redundancies and create efficiencies or add new efforts (e.g. school-based outreach program). - Partnership website—lotigardwater.org - Cities websites (water/water conservation pages) - Videos - General outreach brochures,flyers and posters - Social media o Facebook(Partnership's account will not be actively maintained after fall 2017) o Twitter(Partnership's account will not be actively maintained after fall 2017) o Youtube Channel o Nextdoor(through partner cities) - Newsletters o Tigard: • Know H2O • Cityscape o Lake Oswego: • Water Conservation Quarterly • Hello LO • Council Digest • LoDown - Oversight Committee meetings - Consumer Confidence Reports (Water Quality Reports) - Bill inserts - Water Treatment Plant/Facility Tours - Water Audits (Kevin) - Direct outreach:community events,fairs,festivals,farmers' markets - Community group or industry presentations - Other resources: o Regional Water Providers Consortium—emergency management,conservation o Clackamas River Water Providers—watershed information,water source o American Waterworks Association—national resources Page 3 Appendix I.b. LOTWP Communications Plan External.docx APPENDIX J WATER ENVIRONMENT SERVICES (WES) INDUSTRIAL DISCHARGE PERMIT Tri-City Service District 15941 S. Agnes, Bldg. B Oregon City, OR 97045 Industrial Wastewater Discharge Permit - Section 1 1. Applicant Business Name City of Lake Oswego Water Treatment Plant Permit No. 02T-020-W 2. Address of Premises Discharging Wastewater: Initial ® Renewal ❑ Street 4260 Kenthorpe Way SIU ❑ Non-SIU City West Linn State OR Zip 97068 SIC No. 4941 EPA Category N/A 3. Assessor's Map and Tax Lot Number: 21 E 24 BD Billing Responsibility 4. Mailing Address(if different from above): City West Linn or District ❑ Street PO Box 369 Treatment Plant Tri-City WPCP City Lake Oswego State OR Zip 97034 5. Persons to be Contacted About This Permit: (Primary) Name Scott Lazenby Title Lake Oswego City Manager Phone 503-635-0215 (Alternate) Name Kari Duncan Title Plant Manager Phone 503-635-0393 6. Method Used to Compute Industrial Monthly Sewer Service Charges: 1 Metered Water Consumption Wastewater Strength Volume of Wastewater Discharge Other West Linn 7. Authorization and Fees: The above named applicant is hereby authorized to discharge wastewater to the public sewer subject to said applicant's compliance with the District's Rules and Regulations, appropriate City Ordinance's, any applicable provisions of Federal or State law or regulation, and in accordance with the discharge limitations, monitoring requirements, and other conditions set forth herein, including the payment of all fees and charges as set forth below. Annual Permit Fee $ 1,500.00 This permit is granted in accordance with the application filed on December 2, 2013 in the office of the Clackamas County Water Environment Services, and in conformity with plans, specifications, and other data submitted in support of the above application, all of which are filed with and considered as part of this permit: 8. Effective Date June 1, 2014 Expiration Date May 31, 2019 9. District's Representative Signature Date For questions on any matter related to this permit,please contact: Ed Gilmore, Source Control Specialist 503-557-2834 edg(d co.Clackamas.or.us For questions on any business related matter including billing,please contact: Liz Garcia, Business Services Manager 503-742-4563 L Garcia(dco.ciackamas.or.us H:\WO\120 LO Tigard Water Supply Extension\Reference Documents\IGA\Operations Plan\Appendix\Appendix J WES Industrial Discharge Permit.docx Page 1 of 9 (7/14) Tri-City Service District 15941 S.Agnes, Bldg. B Oregon City, OR 97045 Industrial Wastewater Discharge Permit - Section 2a Business Name Lake Osweqo Water Treatment Plant Permit No. 02T-020-W 10. Wastewater Discharge Limitations The Industrial User shall comply with the discharge limitations and sampling requirements specified below by the effective date of this permit. 1. Below is a listing of local discharge limits derived from the District's Rules &Regulations and include limits for daily maximums. The limit for every pollutant is applicable at the Point of Compliance as shown on the sampling location map in Section 2c. Local Limit Parameter (mg/L) Sample Type Average Flow Pump hours pH 5.5- 11.5 S.U. Grab Total Suspended Solids N/A Grab 2. Until this permit expires or is modified or revoked, the permittee is authorized to construct, modify, or operate a wastewater collection and disposal system and discharge to the District's sewerage system adequately treated wastewaters only from the authorized point established in Section 2c and only in conformance with all the requirements, limitations, and conditions set forth in this permit. 3. NOTES: a) The permittee shall comply with all other applicable regulations and standards contained in the District's Rules& Regulations. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, local law, rule, standard, ordinance, order, judgment, or decree. b) Should analysis reveal the presence of pollutants other than those listed on Section 4a in quantities greater than 0.10 mg/L, the permittee shall analyze for those pollutants. The permittee is responsible for continuous compliance with all of the limits listed in 10.1. c) No discharge of potentially toxic or harmful materials other than those listed above is permitted unless specifically approved by the District. d) The permittee shall have or construct monitoring facilities approved by the Tri-City Service District to be used for the monitoring of wastewater discharges. H:\WO\120 LO Tigard Water Supply Extension\Reference Documents\IGA\Operations Plan\Appendix\Appendix J WES Industrial Discharge Permit.docx Page 2 of 9 (7/14) Tri-City Service District 15941 S. Agnes, Bldg. B Oregon City, OR 97045 Industrial Wastewater Discharge Permit - Section 2c Business Name Lake Oswego Water Treatment Plant Permit No. 02T-020-W 10. Wastewater Discharge Limitations(continued) TN • Administration Building POINT OF COMPLIANCE Mechanical Ozone Ozone Dewatering Generation Building Wash Water Equalizatio n Filtration Solids Chemical Handling Building Tank Lagoons (2) Gravity Thickener H:\WO\120 LO Tigard Water Supply Extension\Reference Documents\PGA\Operations Plan\Appendix\Appendix J WES Industrial Discharge Permit.docx Page 3 of 9 (7/14) Tri-City Service District 15941 S.Agnes, Bldg. B Oregon City, OR 97045 Industrial Wastewater Discharge Permit - Section 3 Business Name Lake Oswego Water Treatment Plant Permit No. 02T-020-W 11. Special Conditions 1. If required by the District, all process wastewater shall receive pretreatment before discharge to the public sewer system in order to meet local and federal discharge standards. 2. The permittee shall establish and comply with written standards, operating instructions, and employee training to ensure the proper and safe handling of all chemicals used on the premises and the proper operation of pollution control equipment. Such documentation shall be made available to the District upon request. 3. The permittee shall operate and maintain all pollution control facilities. A log detailing all maintenance, including preventive maintenance, performed on the pollution control and monitoring equipment shall be kept and made available to the District upon request. 4. The permittee shall provide monitoring of all industrial wastewater discharged to the public sewer using a sampling device and closed sample container used for this purpose. Sampled effluent shall be collected and analyzed in accordance with this permit and 40 CFR 136. 5. Any other environmental control permits issued to the permittee shall be made available to the District upon request and included by reference as part of this permit. 6. If the permittee experiences an accidental spill or an upset as defined in Section 14(U), the permittee shall: a) Immediately take action to stop, contain and clean up the unauthorized discharge, and correct the problem. b) Immediately call the Source Control Coordinator at 503-742-4615 and the Tri-City Treatment Plant at 503-577-2803. In the event the Source Control Coordinator cannot be reached, the permittee shall notify the Water Environment Services Office at 503-353-4567. c) Within five (5)days, submit a detailed written report to the District describing the breakdown, the actual quantity and quality of resultant waste discharges, the corrective action taken, the steps taken to prevent a recurrence, and any other pertinent information. 7. Compliance with (6)above shall not relieve the permittee of responsibility for maintaining continuous compliance with the conditions of this permit or for the resulting liability for its failure to comply. H:\WO\120 LO Tigard Water Supply Extension\Reference Documents\IGA\Operations Plan\Appendix\Appendix J WES Industrial Discharge Permit.docx Page 4 of 9 (7/14) Tri-City Service District 15941 S. Agnes, Bldg. B Oregon City, OR 97045 Industrial Wastewater Discharge Permit - Section 4a B Business Name Lake Oswego Water Treatment Plant Permit No. 02T-020-W 12. Reporting Requirements 1) The Periodic Compliance Report(Continuous Requirements): Samples to be taken from the Point of Compliance prior to discharge into the sanitary sewer. Pollutant or Reporting Parameter Sample Type Frequency Requirements Flow Meter Monthly Report due by the last day of the following month pH Meter Monthly Total Suspended Solids Grab Monthly H:\WO\120 LO Tigard Water Supply Extension\Reference Documents\IGA\Operations Plan\Appendix\Appendix J WES Industrial Discharge Permit.docx Page 5 of 9 (7/14) Tri-City Service District 15941 S. Agnes, Bldg. B Oregon City, OR 97045 Industrial Wastewater Discharge Permit - Section 4b Business Name Lake Oswego Water Treatment Plant Permit No. 02T-020-W 12. Reporting Requirements 2) The Periodic Compliance Report shall consist of the following: a) A signed District Discharge Certification Report Form or form approved by the District. b) Copies of all laboratory results, including the analytical methods used, the date sampled, the date analyzed,and a copy of the Chain-of-Custody Form. c) Meter readings(pump cycles). d) Calculations of total monthly flow and daily flow averages. 3) If the permittee monitors any pollutant more frequently than required by this permit at the Point of Compliance, the results of such monitoring shall be submitted to the District. Monitoring reports shall be signed and sworn to by a principal executive officer or his/her designee. 4) The permittee shall notify the District 30 days prior to any planned changes to these wastewater discharges, including, but not limited to, addition or deletion of wastestreams contributory to any sampling point, long-term changes in the relative flow of the component wastestreams, or a change in process or materials that may cause a change in the category of the industry. 5) All reports shall be submitted to the following: Source Control Tri-City Service District 15941 S.Agnes, Bldg. B Oregon City, OR 97045 H:\WO\120 LO Tigard Water Supply Extension\Reference Documents\IGA\Operations Plan\Appendix\Appendix J WES Industrial Discharge Permit.docx Page 6 of 9 (7/14) Tri-City Service District 15941 S. Agnes, Bldg. B Oregon City, OR 97045 Industrial Wastewater Discharge Permit - Section 5 Business Name Lake Oswego Water Treatment Plant Permit No. 02T-020-W 13. Standard Conditions: A. General. The Industrial User shall comply with all the general prohibitive discharge standards contained in Section 3 of the District's Rules and Regulations. B. Right of Entry. The Industrial User shall allow the District or its representatives,exhibiting proper credentials and identification,to enter upon the premises of the User, at all reasonable hours,for the purposes of inspection, sampling,or records inspection and copying. The right of entry is to the Industrial User's entire premises and includes,but is not limited to, access to those portions of the premises that contain facilities for sampling , measuring,treating,transporting or otherwise handling wastes,for storing records, reports or documents relating to pretreatment,sampling, and discharging wastes. C. Records Retention. The Industrial User shall retain and preserve for no less than three(3)years, any records, books, documents, memoranda, reports,correspondence and any all summaries thereof, relating to monitoring,sampling and chemical analysis made by or in behalf of the user in connection with its discharge. This period of retention shall be extended during the course of any unresolved litigation regarding the Industrial User or the District or when requested by DEQ or the EPA. D. Confidential Information. Except for data determined to be confidential under Section 4.9 of the District's Rules and Regulations,all reports required by this permit shall be available for public inspection at the office of Water Environment Services of Clackamas County. Under no circumstances can wastewater effluent data be claimed or held to be confidential information. E. Recording of Results. For each measurement or sample taken pursuant to the requirements of this permit,the user shall record the following information: • The exact place, date, and time of sampling; • The name of the person who collected the sample; • The type of sample(s)collected; • The dates the analyses were performed; • The person(s)who performed the analysis; • The analytical techniques or methods used; • The results of all required analysis; • The quality assurance and quality control laboratory procedures followed. All sampling and analytical methods used to meet the monitoring requirements specified in this permit shall, unless otherwise approved in writing by the District within,conform to the Guidelines Establishing Test Procedures for the Analysis of Pollutants as specified in 40 CFR, Part 136. F. Resampling Requirement. If the results of the permittee's wastewater analysis indicate that a violation has occurred,the permittee must notify the District within 24 hours of becoming aware of the noncompliance. The permittee must also repeat the sampling and submit the analysis to the District within 30 days after becoming aware of the violation. G. Dilution. No Industrial User shall increase the use of potable or process water or, in any way,attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this permit. H. Proper disposal of Pretreatment Sludges and Spent Chemicals. The disposal of sludges and spent chemicals generated shall be done in accordance with Section 405 of the Clean Water Act and Subtitles C and D of the Resource Conservation and Recovery Act. H:\WO\120 LO Tigard Water Supply Extension\Reference Documents\IGA\Operations PlanWppendix ,ppendix J WES Industrial Discharge Permit.docx Page 7 of 9 (7/14) Tri-City Service District 15941 S. Agnes, Bldg. B Oregon City, OR 97045 Industrial Wastewater Discharge Permit - Section 5 Business Name Lake Oswego Water Treatment Plant Permit No. 02T-020-W I. Imposition of Civil Penalties. In accordance with Section 4.10 of the District's Rules and Regulations,the District may impose civil penalties including,but not limited to fines,damages, modification or revocation of permit and/or cessation of services when any Industrial User(1)fails to factually report the wastewater constituents or characteristics;(2)refuses reasonable access to the user's premises by representatives of the District for the purpose inspection or monitoring; and(3) violates any condition or provision of its permit,with District's Rules and Regulations Ordinance, any rule adopted pursuant hereto,or any final judicial order entered with respect thereto. J. Certification and Signatory Requirements. In accordance with 40 CFR 403.12(I),all reports required by this permit shall be signed and certified by a principal executive officer of the industrial user or his designee. If the responsible corporate official changes,the District is to be notified as required in 40 CFR 403.12(1)(4). K. Permit Modifications. The District reserves the right to amend this permit in order to assure compliance with applicable laws and regulations. This permit may be modified with 30 days prior written notification, in whole or in part for causes including, but not limited to: (1)preventing violation(s)of the District's NPDES permit; (2) incorporating new or revised federal, state or local pretreatment standards or requirements;(3)upon receiving information indicating the permitted discharge poses a threat to the District's collection and treatment system, POTW personnel, receiving waters and sludge; (4)correcting typographical or other errors in the permit;and(5)any significant change in volume of a permitted discharge. L. Permit Revocation. An industrial wastewater permit may be revoked at any time for the following reasons: • Violation of any terms or conditions of this permit or the District's Rules and Regulations; • Failure to notify the District of significant changes to the wastewater prior to the changed discharge; • Falsifying self-monitoring reports; • Tampering with monitoring equipment • Refusing to allow the District timely access to the facility premises and records; • Failure to meet effluent limitations; • Failure to pay fines; • Failure to pay user charges; • Failure to meet compliance schedules; • Failure to provide advance notice of the transfer of a permitted facility. M. Limitation on Permit Transfer. Wastewater discharge permits are issued to a specific user for a specific operation and are not assignable to another user or transferable to any other location without the prior written approval of the District and provision of a copy of the existing permit to the new owner or operator. Sale of a user shall obligate the purchaser to seek prior written approval of the District for continued discharge to the sewerage system. N. Property Rights. The issuance of this permit does not convey any property rights in either real or personal property,or any exclusive privileges, nor does it authorize any invasion of personal rights, nor any infringement of Federal, State or local regulations. O. Accidental Spill Prevention Plan(ASPP). Each Discharger shall provide protection from the accidental discharge of prohibited substances or other substances regulated by the District's Rules and Regulations. Where necessary,facilities to prevent accidental discharge of such substances shall be provided and maintained by the Discharger, at the Discharger's own cost and expense. Detailed plans showing such facilities and operating procedures to provide this protection shall be submitted to the District for review and shall be approved by the District for review. In accordance with 40 CFR 403.8(f)(2)(v), dischargers are to be evaluated every two years by the District as to the need for an Accidental Spill Prevention Plan(ASPP). P. Liability. The District, its officers,agents or employees shall not sustain any liability due to the issuance of this permit or the construction or maintenance of facilities resulting from this permit. Q. Severability. The provisions of this permit are severable,and if any provisions of this permit or the application of any provision of this permit to any circumstances is held invalid,the application of such provision to other circumstances and the remainder of this permit shall not be affected. H:\WO\120 LO Tigard Water Supply Extension\Reference Documents\IGA\Operations Plan\Appendix\Appendix J WES Industrial Discharge Permit.docx Page 8 of 9 (7/14) Tri-City Service District 15941 S.Agnes, Bldg. B Oregon City, OR 97045 Industrial Wastewater Discharge Permit-Section 5 Business Name Lake Oswego Water Treatment Plant Permit No. 02T-020-W R. Bypass or Diversion. The diversion or bypass(the intentional diversion of wastestreams)from any portion of a permittee's treatment facility to maintain compliance with the terms and conditions of this permit is prohibited except"... if the bypass is unavoidable to prevent loss of life, personal injury or severe property damage and there are no feasible alternatives"(40 CFR 403.17). The permittee shall immediately notify the District in writing of each such diversion or bypass, in accordance with the procedure specified in Section 4.10.6 of the Rules and Regulations. S. Notification of Slug Load. If the permittee is unable to comply with all conditions of this permit due to a breakdown of equipment or facilities, an accident caused by human error or negligence,or any other causes such as an act of nature,the permittee shall follow the procedures outlined in the Special Conditions Section of this permit. T. Continuous Compliance. Compliance with(S)above shall not relieve the permittee from responsibility to maintain continuous compliance with the conditions of this permit or the resulting liability for its failure to comply. U. Upset. The District's Rules and Regulations defines an upset as an exceptional incident in which an industrial user unintentionally and temporarily is in a state of noncompliance with the District's Ordinance, due to factors beyond the reasonable control of the industrial user and excluding noncompliance to the extent caused by operational error, improperly designed or inadequate treatment facilities, lack of preventative maintenance or careless or improper operation thereof. An upset will constitute an affirmative defense to an action brought for noncompliance with applicable pretreatment standards(if the conditions stated in the Federal Regulations 40 CFR 403.16(c)and in the District's Rules and Regulations are met. V. Hazardous Waste Notification. The industrial user shall notify the District,the POTW,the EPA Regional Waste Management Division Director,and State hazardous waste authorities in writing of any discharge into the POTW of a substance,which, if otherwise disposed of,would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261,the EPA hazardous waste number and the type of discharge(continuous, batch,or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW,the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes; an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month; and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. W. Toxics Reopening. If a toxic effluent standard or prohibition(including any schedule of compliance specified in such effluent standard or prohibition)is established under Section 307(a)of the Federal Clean Water Act(PL95-217, as amended)for toxic pollutants present in the permittee's discharge, and such standard or prohibition is more stringent than limits upon these pollutants in this permit,this permit shall be revised or modified in accordance with the toxic effluent standard or prohibition, and the permittee shall be so notified. X. Duty to Reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the permittee must submit an application for a new permit at least 90 days before the expiration date of this permit. Y. Representative Sampling. Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water or substance. All equipment used for sampling and analysis must be routinely calibrated, inspected and maintained to ensure its accuracy. Monitoring points shall not be changed without notification to and the approval of the District. H:\WO\120 LO Tigard Water Supply Extension\Reference Documents\IGA\Operations Plan\Appendix\Appendix J WES Industrial Discharge Permit.docx Page 9 of 9 (7/14) APPENDIX K DEQ 200J BACKWASH WATER NPDES PERMIT Permit Number: 200-J Expiration Date: 7/31/2002 Page: 1 of 10 GENERAL PERMIT NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM WASTE DISCHARGE PERMIT Department of Environmental Quality - . r 811 S.W. Sixth Avenue Portland, OR 97204 2- 9 ~, b J "\) ) A`� ZZw 51.6'' Telephone: (503)229-5279 -u^ Issued pursuant to ORS 468B.050 and The Federal Clean Water Act ISSUED TO: Issued 12/13/97 File No. 48480Clackamas County SOURCES COVERED BY THIS PERMIT: 0R003028-7 Lake Oswego, City of HYDRO CODE: Discharge or land application of filter backwash, 4260 SW Kenthorpe Way 22=-WILL 23 D settling basin, and reservoir cleaning water which West Linn, OR 97068 have been adequately treated prior to discharge. Site Loc. Lake Oswego WTP, 4260 Kenthorpe Wy. , Flushing of raw water intakes after storm events West Linn, Oregon and spring runoff are also allowed. 8/?-e(Ig ichael T. L i-lyn, A,ministrator Date Water Quality Division PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge to waters of the State or land apply adequately treated waste waters only from the authorized discharge point or points established in Schedule A and only in conformance with all the requirements, limitations,and conditions set forth in the attached schedules as follows: Page Schedule A- Waste Discharge Limitations 2 Schedule B -Monitoring and Reporting Requirements 3 Schedule C - Compliance Conditions and Schedule - Schedule D - Special Conditions 4 Schedule F - General Conditions 5-10 Unless authorized by another NPDES or WPCF permit, all other direct and indirect discharges to waters of the State are prohibited. Permit Number: 200-J Page: 2 of 10 SCHEDULE A 1. Waste Discharge Limitations not to be Exceeded by Facilities Covered by this General Permit: Parameters Limitations - Daily Maximum Settleable Solids Shall not exceed 0.1 mUl pH Shall be within the range 6,0 -9.0 S.U. 2. Minimum Dilution Requirement: In assigning this permit, the Department will ensure that the receiving stream flow provides a 30:1 minimum dilution ratio with the effluent during periods of discharge. Facilities that do not meet this criteria will not be eligible for this permit. 3. Temperature Management Plan: Facilities that discharge to water quality limited streams and meet the dilution requirements above will be deemed to satisfy the requirement of developing and implementing a surface water management plan. 4. Mixing Zone:Notwithstanding the effluent limitations established by this permit except as provided in OAR 340-45-080, no wastes shall be discharged and no activities shall be conducted which will violate Water Quality Standards as adopted in OAR Chapter 340 Division 41 except in the following defined mixing zone: The allowable mixing zone shall not extend downstream beyond a distance of 30 feet from the point of discharge and shall not exceed one-half the width of the receiving stream. 5. Land Application: The permittee can land apply filter backwash, settling basin, and reservoir cleaning wastewater provided written approval is obtained from the Department and the following conditions are met: i) No surface runoff or discharge to surface waters from the land application site is allowed; ii) Wastewater must not be land applied at rates which exceed the hydraulic or organic loading capacity of the soil; and iii) The application of wastewater must not result in odors or other nuisance conditions. 6. Prior to discharge to waters of the State, all filter backwash water shall pass through a settling pond or other approved treatment system and meet the effluent limitations in condition 1 above. 7. Prior to discharge to waters of the State, all reservoir cleaning water (on and off-site) shall pass through an approved treatment system and meet the effluent limitations in condition 1 above. If super-chlorinated water (i.e. chlorine concentrations above 4 mg/1) is used for cleaning reservoirs or for water main disinfection and flushing, the water must be dechlorinated prior to discharge. Dechlorination must be sufficiently effective to reduce total residual chlorine concentrations to 0.1 mg/1. Alternatively, the permittee can use non-discharge options suchas discharge to sanitary sewer or land application. 3 771 o nJL )ii-(U;lot t',J P l 1/5 ci cn 1 S. Upon approval by the Department,the permittee may discharge water from the clearwell and contact basins if there are contaminants detected. Depending on the circumstances, the Department may require that minimum dilution requirements be met and/or the discharge be dechlorinated to prevent impacts on the receiving stream. Permit Number: 200-J Page: 3 of 10 SCHEDULE B MINIMUM MONITORING AND REPORTING REQUIREMENTS 1. Monitoring Requirements A. Discharge to surface waters: Item or Parameter : Minimum Frequency Type of Sample* Effluent Flow(mgd) 1/month Record** Settleable Solids 2/month Grab Total Residual Chlorine 2/month Grab (mg/l)*** pH 2/month Grab B. Land application: Item or Parameter Minimum Frequency Type of Sample* Effluent Flow(mgd) 1/month Record** C. Reservoir cleaning activities that result in discharge to surface waters: { Item or Parameter ! Minimum Frequenc y Type afS5ample_ Effluent Flow(mgd) per event Estimate Settleable Solids per event Grab Total Residual Chlorine (mg/1) per event Grab pH per event Grab * The samples shall be collected at the overflow of the settling pond or other treatment device during a filter backwash cycle. If the filters are backwashed at a frequency less than 2/month, the data shall be collected during the time backwash occurs. If the settling pond does not overflow during the backwash cycle but is drained or pumped after settling has occurred,the data shall be collected during the draining or pumping. ** Flow should be recorded on a per event basis and only the monthly average of these events should be reported in the annual tabulation. *** Monitoring for total residual chlorine is to be conducted only if chlorinated water is used for backwashing. 2. Reporting Requirements Monitoring data shall be recorded each month. An annual tabulation of the data shall be submitted to the appropriate DEQ Regional Office by January 15 of each year. In addition, any violation of permit conditions shall be reported within five (5)days of discovery along with an explanation and correction plan. Permit Number: 200-J Page: 4 of 10 SCHEDULE D SPECIAL CONDITIONS 1. Solids, sludges, dirt, sand, silt and bacterial slime removed from the filters, settling basins, and reservoirs shall be disposed of in a manner that will prevent discharge to public waters and nuisance conditions. 2. The Department may revoke a general permit as it applies to any person and require such person to apply for and obtain an individual NPDES permit if: a. The permitted source or activity is a significant contributor of pollution or causes environmental problems; b. The permittee is not in compliance with the terms and conditions of this general permit; or c. Conditions or standards have changed so that the source or activity no longer qualifies for a general permit. 3. Any permittee not wishing to be covered or limited by this general permit may make application for an individual NPDES permit in accordance with the procedures in OAR 340-45-030. Permit Number: 200-J Page: 5 of 10 SCHEDULE F NPDES GENERAL CONDITIONS SECTION A. STANDARD CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of Oregon Revised Statutes (ORS) 468B.025 and is grounds for enforcement action; for permit termination, suspension, or modification; or for denial of a permit renewal application. 2. Penalties for Water Pollution nd Permit C ondition Violations Oregon Law (ORS 468.140) allows the Director to impose civil penalties up to $10,000 per day for violation of a term, condition, or requirement of a permit. Under ORS 468.943, unlawful water pollution, if committed by a person with criminal negligence, is punishable by a fine of up to $25,000 or by imprisonment for not more than one year, or by both. Each day on which a violation occurs or continues is a separately punishable offense. Under ORS 468.946, a person who knowingly discharges, places or causes to be placed any waste into the waters of the state or in a location where the waste is likely to escape into the waters of the state, is subject to a Class B felony punishable by a fine not to exceed$200,000 and up to 10 years in prison. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. In addition, upon request of the Department, the permittee shall correct any adverse impact on the environment or human health resulting from noncompliance with this permit, including such accelerated-or additional monitoring as necessary to determine the nature and-impact of the noncomplying discharge. 4. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and have the permit renewed. The application shall be submitted at least 180 days before the expiration date of this permit. The Director may grant permission to submit an application less than 180 days in advance but no later than the permit expiration date. 5. Permit Actions This permit may be modified, suspended, revoked and reissued, or terminated for cause including, but not limited to, the following: a. Violation of any term, condition, or requirement of this permit, a rule, or a statute; b. Obtaining this permit by misrepresentation or failure to disclose fully all material facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. The filing of a request by the permittee for a permit modification or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. 6. Toxic Pollutants The permittee shall comply with any applicable effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. 7. Property Rights The issuance of this permit does not convey any property rights of any sort, or any exclusive privilege. 8. Permit References Except for effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants and standards for sewage sludge use or disposal established under Section 405(d) of the Clean Water Act, all rules and statutes referred to in this permit are those in effect on the date this permit is issued. �• ; • ' L:. II• �611 uaham a '• If • •6J111t. 1. Proper Operation and Maintenance Permit Number: 200-J Page: 6 of 10 The permittee shall at all times properlyoperate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installd or used by the permittee to achieve compliance with the conditions of this permit. Properoperation and maintenance also includes adequate laboratory controls, and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 2. Duty to Halt or Reduce Activity For industrial or commercial facilities, upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent necessary to maintain compliance with its permit, control production or all discharges or both until the facility is restored or an alternative method of treatment is provided. This requirement applies, for example, when the primary source of power of the treatment facility fails or is reduced or lost It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 3. Bypass of Treatment Facilities a. Definitions • (1) "Bypass" means intentional diversion of waste streams from any portion of the treatment facility. The term "bypass" does not include nonuse of singular or multiple units or processes of a treatment ' works when the nonuse is insignificant to the quality and/or quantity of the effluent produced by the treatment works. The term "bypass" does not apply if the diversion does not cause effluent limitations to be exceeded, provided the diversion is to allow essential maintenance to assure efficient operation. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities or treatment processes which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Prohibition of bypass. (1) Bypass is pprohibited unless: (a) Bypass was necessary to prevent loss of life, personal injury, or severe property damage; (b) There were no feasiale alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and • (c) The permittee submitted notices and requests as required under General Condition B.3.c. (2) The Director may approve an anticipated bypass, after considering its adverse effects and any alternatives to bypassing, when the Director determines that it will meet the three conditions listed above in Genera..Condition B.3.b.(1). c. Notice and request for bypass. (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior written notice, if possible at least ten days before the date of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in General Condition D.5. 4. U7t a. Definition. "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent Iimitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operation error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of General Condition B.4.c are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the causes(s) of the upset; (2) The permitted facility was at the time being properly operated; (3) The permittee submitted notice of the upset as required in General Condition D.5, hereof(24-hour notice); and (4) The permittee complied with any remedial measures required under General Condition A.3 hereof. Permit Number: 200-J Page: 7 of 10 d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 5. Treatment of Single Operational Event For purposes of this permit, A Single Operational Event which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation. A single operational event is an exceptional incident which causes simultaneous, unintentional, unknowing (not the result of a knowing act or omission), temporary noncompliance with more than one Clean Water Act effluent discharge pollutant parameter. A single operational event does not include Clean Water Act violations involving discharge without a NPDES permit or noncompliance to the extent caused by improperly designed or inadequate treatment facilities. Each day of a single operational event is a violation. 6. Overflows from WastewatetCotivey_ance Systems and Associated Pump Stations a. Definitions (1) "Overflow" means the diversion and discharge of waste streams from any portion of the wastewater conveyance system including pump stations, through a designed overflow device or structure, other than discharges to the wastewater treatment facility. (2) "Severe property damage" means substantial physical damage to property, damage to the conveyance system or pump station which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of an overflow. (3) "Uncontrolled overflow" means the diversion of waste streams other than through a designed overflow device or structure, for example to overflowing manholes or overflowing into residences, commercial establishments, or industries that may be connected to a conveyance system. b. Prohibition of overflows. Overflows are prohibited unless: (1) Overflows were unavoidable to prevent an uncontrolled overflow, loss of life, personal injury, or severe property damage; (2) There were no feasible alternatives to the overflows, such as the use of auxiliary pumping or conveyance systems, or maximization of conveyance system storage; and (3) The overflows are the result of an upset as defined in General Condition B.4. and meeting all requirements of this condition. c. Uncontrolled overflows are prohibited where wastewater is likely to escape or be carried into the waters of the State by any means. d. Reporting required. Unless otherwise specified in writing by the Department, all overflows and uncontrolled overflows must be reported orally to the Department within 24 hours from the time the • permittee becomes aware of the overflow. Reporting procedures are described in more detail in General Condition D.5. 7. Public Notification of Effluent Violation or Overflow If effluent limitations specified in this permit are exceeded or an overflow occurs, upon request by the Department, the permittee shall take such steps as are necessary to alert the public about the extent and nature of the discharge. Such steps may include, but are not limited to, posting of the river at access points and other places, news releases, and paid announcements on radio and television. 8. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in such a manner as to prevent any pollutant from such materials from entering public waters, causing nuisance conditions, or creating a public health hazard. SECTION C, MONITORING AND RECORDS Representative Sampling Sampling and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. All samples shall be taken at the monitoring points specified in this permit and shall be taken, unless otherwise specified, before the effluent joins or is diluted by any other waste stream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Director, • 2. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to insure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be ca?able of measuring flows with a maximum deviation of less than ± 10 percent from true discharge rates throughout tie range of expected discharge volumes. Permit Number: 200-J Page: 8 of 10 3. Monitoring Procedures Monitoring must be conducted according to test procedures approved under 40 CFR Part 136, unless other test procedures have been specified in this permit. 4. Penalties of Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly monitoring device or method required to be maintained under this ermit shall, upon conviction,n, berenders mpunished'by a fine of not more than $10,000 per violation, or b imprisonment for not more than two years, or by both. If a conviction of a person is for a violation committedaftera first conviction of such person, punishment is a fine not more than$20,000 per day of violation, or by imprisonment of not more than four years or both. 5. Reporting of Monitoring Results Monitoring results shall be summarized each month on a Discharge Monitoring Report form approved by the Department. The reports shall be submitted monthly and are to be mailed, delivered or otherwise transmitted by ci- 15th day of the following month unless specifically approved otherwise in Schedule B of this permit. • 6. Additional Monitoring by the Permittee If the permittee monitors any pollutant more frequently than required by this permit, using test procedures approved under 40 CFR 136 or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the Discharge Monitoring Report. Such increased frequency shall also be indicated. Forallutant parameter that may be sampled more than once per day (e.g., Total Chlorine Residual), only the average daily value shall be recorded unless otherwise specified in this permit. 7. Averaging of Measurements Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean, except for bacteria which shall be averaged as specified in this permit. 8. Retention of Records Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required-by 40 CFR part 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records of all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. • 9. Records Contents Records of monitoring information shall include: a. The date, exactlace, time and methods of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s)who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 10. Inspection and Entry The permittee shall allow the Director, or an authorized representative upon the presentation of credentials to: a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this-permit, and d. Sample or monitor at reasonable times, for the purpose of assuring permit compliance or as otherwise authorized by state law, any substances or parameters at any location. SECTION D. REPORTE'JG REQUIREMENTS 1. Planned Changes The permittee shall comply with Oregon Administrative Rules (OAR) 340, Division 52, "Review of Plans and Specifications". Except where exempted under OAR 340-52, no construction, installation, or modification involving disposal systems, treatment works, sewerage systems, or common sewers shall be commenced until the plans and specifications are submitted to and approved by the Department. The permittee shall give notice to the Department as soon as possible of any planned physical alternations or additions to the permitted facility. Permit Number: 200-J Page: 9 of 10 2. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result m noncompliance with permit requirements. 3. Transfers This permit may be transferred to a new permittee provided the transferee acquires a property interest in the permitted activity and agrees in writing to fully comply with all the terms and conditions of the permit and the rules of the Commission. Normit shall be transferred to a third party without prior written approval from the Director. The permittee shall notify Department when a transfer of property interest takes place. 4. Compliance Schedule Reports of compliance or noncompliance with, or any progress reports on interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date. Any reports of noncompliance shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirements. • • 5. Twenty-Four Hour Reporting The permittee shall report any noncompliance which may endanger health or the environment. Any information shall be provided orally (by telephone) within 24 hours, unless otherwise specified in this permit, from the time the permittee becomes aware of the circumstances. During normal business hours, the Department's Regional office shall be called. Outside of normal business hours, the Department shall be contacted at 1-800-452-0311 (Oregon Emergency Response System). A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the permittee is establishing an affirmative defense of upset or bypass to any offense under ORS 468.922 to 468.946, and in which case if the original reporting notice was oral, delivered written notice must be made to the Department or other agency with regulatory jurisdiction within 4 (four) calendar days. The written submission shall contain: a. A description of the noncompliance and its cause; b. The period of noncompliance,including exact dates and times; c. The estimated time noncompliance is expected to continue if it has not been corrected; d. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance; and e. Public notification steps taken, pursuant to General Condition_B.7. The following shall be included as information which must be reported within 24 hours under this paragraph: a. Any unanticipated bypass which exceeds any effluent limitation in this permit. b. Any upset which exceeds any effluent limitation in this permit. c. Violation of maximum daily discharge limitation for any of the pollutants listed by the Director in this permit. The Department may waive the written report on a case-by-case basis if the oral report has been received within 24 hours. 6. Other Noncompliance The permittee shall report all instances of noncompliance not reported under General Condition D.4 or D.5, at the time monitoring reports are submitted. The reports shall contain: a. A description of the noncompliance and its cause; b. The period of noncompliance, including exact dates and times; c. The estimated time noncompliance is expected to continue if it has not been corrected; and d. Steps taken or planned to reduce, eliminate, and prevent reoccurrence-of the noncompliance. 7. Duty to Provide Information The permittee shall furnish to the Department, within a reasonable time, any information which the Department may request to determine compliance with this permit. The permittee shall also furnish to the Department, upon request, copies of records required to be kept by this permit. Other Information: When the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or any report to the Department, it shall promptly submit such facts or information. 8. Signatory Requirements All applications, reports or information submitted to the Department shall be signed and certified in accordance with 40 CFR 122.22. 9. Falsification of Reports • _ - Permit Number: 200-J Page: 10 of 10 i+ Under ORS 468.953, any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance, is subject to a Class C felony punishable by a fine not to exceed $100,000 per violation and up to 5 years in prison. 10. Changes to Indirect Dischargers - [Applicable to Publicly Owned Treatment Works (POTW) only] The permittee must provide adequate notice to the Department of the following: a. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of the Clean Water Act if it were directly discharging those pollutants and; b. Any substantial change in the volume or character of pollutants being introduced into the POTW by a source introducing pollutants into the POTW at the time of issuance of the permit. c. For the purposes of this paragraph, adequate notice shall include information on (i) the quality and quantity of effluent introduced into the POTW, and (ii) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. 11 Changes to Discharges of Toxic Pollutant - [Applicable to existing manufacturing, commercial, mining, and silvicultural dischargers only] The permittee must notify the Department as soon as they know or have reason to believe of the following: a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels: (1) One hundred micrograms per liter(100µg/1); (2) Two hundred micrograms per liter (200 µg/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/1) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter(1 mg/1) for antimony; (3) Five(5)times the maximum concentration value reported for that pollutant in the permit application in accordance with 40 CFR 122.21(g)(7); or (4) The level established by the Department in accordance with 40 CFR 122.44(f). b, That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": (1) Five hundred micrograms per liter(500µg/1); (2) One milligram per liter(1 mg/1) for antimony; - (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application in accordance with 40 CFR 122.21(g)(7); or (4) The level established by the Department in accordance with 40 CFR 122.44(f). SECTION E. DEFINITIONS 1. BOD means five-day biochemical oxygen demand. 2. TSS means total suspended solids. 3. mg/1 means milligrams per liter. 4. kgs means kilograms. 5. m /d means cubic meters per day. 6. MGD means million gallons per day. 7. Composite sample means a sample formed by collecting and mixing discrete samples taken periodically and based on time or flow. 8. FC means fecal coliform bacteria. 9. Technology based permit effluent limitations means technology-based treatment requirements as defined in 40 CFR 125.3, and concentration and mass load effluent limitations that are based on minimum design criteria specified in OAR 340-41. 10. CBOD means five day carbonaceous biochemical oxygen demand. 11. Grab sample means an individual discrete sample collected over a period of time not to exceed 15 minutes. 12. Quarter means January through March, April through June, July through September, or October through December. 13. Month means calendar month. - 14. Week means a calendar week of Sunday through Saturday. 157 Total residual chlorine means combined chlorine forms plus free residual chlorine. 16. The term "bacteria" includes but is not limited to fecal coliform bacteria, total coliform bacteria, and E. coli bacteria. 17. POTW means a publicly owned treatment works APPENDIX L LAKE OSWEGO TIGARD WATER TREATMENT PLANT HAZARDOUS MATERIALS MANAGEMENT PLAN Lake Oswego •Tigard ( ++ Water Partnership i ) IIWH:t sharing water connecting communities Lake Oswego - Tigard Water Treatment Plant Hazardous Materials Management Plan Draft Rev 2.0 I July 2013 Confidential This document was prepared solely for use by public safety first responders and plant operations staff. Disclosure of the Revision Schedule information contained in Revision No. Date Description Prepared By Reviewed By Approved By this plan or use of this plan 1 3/11/2013 LOWTP comments A.Peters J.Grounds J.Grounds for purposes other than addressed those intended, should be 2 7/12/2013 TVF&R's fire safety/code consultant's comments Q.Deng A.Peters J.Grounds avoided and the City of addressed Lake Oswego and Tigard 3 4 accept no liability or responsibility for use of this document by persons Plan Holder List other than public safety Version Date Issued Name Agency officials and plant operations staff This Plan was reviewed by , of TVF&R and satisfies all applicable regulations, including compliance with applicable state regulations governing the handling of hazardous materials. This page left intentionally blank Lake Oswego •Tigard lifra Water Partnership f; : (WWII. sharing water connecting communities Hazardous Materials Management Plan-DRAFT Rev 1.0 Page i TABLE OF CONTENTS 1.0 INTRODUCTION 1 2.0 FACILITY DESCRIPTION 1 3.0 HAZARDOUS MATERIALS INVENTORY 2 4.0 HAZARDOUS MATERIALS OPERATION PLAN 4 4.1 Separation, Secondary Containment, and Waste Disposal 4 4.2 Chemical Deliveries 5 4.3 Chemical Storage Areas 6 4.4 Chemical Piping 6 4.5 Specific Considerations for LOX and Ozone 6 5.0 HAZARDOUS MATERIALS EMERGENCY RESPONSE PLAN 8 6.0 RECORDKEEPING 10 Appendices Appendix A Facility Description A-1 Figure 1 Location and Vicinity Map A-2 Figure 2 Site Plan A-3 Figure 3 Chemical Building Plan A-4 Figure 4 Mechanical Dewatering Building Plan A-5 Appendix B Hazardous Materials Inventory Statement B-1 Table 1 Hazardous Materials Inventory Statement Summary Report B-1 Table 2 Hazardous Materials Inventory Statement Inventory Report B-2 ,�4, Lake Oswego-Tigard Water Partnership sharing water-connecting communities Hazardous Materials Management Plan-DRAFT Rev 1.0 Page 1 1.0 Introduction The primary purpose of this Hazardous Materials Management Plan (HMMP) is to provide information to interested regulatory agencies concerning the storage, handling and emergency response procedures for chemicals used in the Lake Oswego-Tigard Water Treatment Plant (LOT WTP). Secondly, this is for the benefit of the plant staff for operation and management purposes. The basis of this HMMP can be found in Appendix H of the 2012 Oregon Fire Code or International Fire Code (Appendix C). The HMMP includes the following elements: • Facility Description • Hazardous Materials Inventory • Hazardous Materials Operation Plan • Emergency Response Plan • Facility Description,Facility Map and Chemical Storage Area Plan (Appendix A) • Hazardous Materials Inventory Statement (HMIS) Summary and Inventory Report (Appendix B) • Hazardous Materials Management Plan (HMMP) and Hazardous Materials Inventory Statement(HMIS) Instructions (Appendix C) 2.0 Facility Description The Lake Oswego-Tigard Water Supply Partnership (Partnership) was formerly endorsed in August 2008, to develop a reliable potable water supply which will serve both communities for decades. The existing treatment facility has been owned and operated by the City of Lake Oswego for more than 40 years. The facility is located at 4260 S.W. Kenthorpe Way in West Linn, Oregon (Figure 1). As part of the proposed water supply system by the Partnership, the existing WTP will be expanded to an ultimate capacity of 38 mgd. This capacity is expected to be available to both Lake Oswego and Tigard in 2015. Proposed operations at the facility will include ballasted flocculation, clarification, ozonation, filtration,and residuals/solids treatment and disposal. In general, the facility includes an Administration/Operations building with a water chemistry laboratory; flocculation basins, sedimentation basins, ozone contact/generator units, and filtration units; sludge treatment lagoons; wash water equalization basin; gravity thickeners; mechanical dewatering building; chemical storage tanks; chemical feed facilities; hazardous materials storage areas; an above-ground double-walled diesel fuel storage tank and a standby generator facility. General layout of the facility is shown on Figure 2. Access to the facility is restricted to authorized employees at all times,and visitors must be escorted by employees. Hazardous materials used generally include liquid oxygen, ozone, diesel fuel, sodium hypochlorite, alum, polymer, calcium thiosulfate, and caustic soda. Hazardous wastes that will likely be generated at LOT WTP include waste solvent, mixed waste oil, and waste paint thinner. NOTE: This draft HMMP only includes hazardous materials that are known to be used in the processes. Lake Oswego•Tigard ,, Water Partnership €;;: sharing water connecting communities Hazardous Materials Management Plan-DRAFT Rev 1.0 Page 2 Information on the hazardous wastes will be completed as part of the final HMMP following construction. 3.0 Hazardous Materials Inventory The hazardous materials identified at the LOT WTP are summarized in Table 1. Locations where these hazardous materials are stored are included in figures in Appendix A. Detailed Hazardous Material Inventory Statement(HMIS) Summary and Inventory Reports are included in Appendix B. 0 lake Oswego •Tigard Water Partnership (+ MWH, shoring water connecting communities Hazardous Materials Management Plan-DRAFT Rev 1.0 Page 3 Table 1. Summary of Hazardous Materials, Lake Oswego &Tigard Water Treatment Plant Storage Chemical CAS # Fire Code Maximum Location Hazard Class Quantity Calcium Thiosulfate 10124-41-1 Corrosive 825 gal Liquid Alum 10043-01-3 Corrosive 12,200 gal Secondary Coagulant (Aluminum Chlorohydrate 1327-41-9 Corrosive 6,100 gal or Polyaluminum Chloride) Corrosive Sodium Hypochlorite 7681-52-9 12,200 gal Chemical Oxidizing(1) Building Corrosive Caustic Soda 1310-73-2 12,200 gal Water Reactive (1) 250 lb (dry); Ballasted Floc Polymer Proprietary Corrosive 400 gal (solution) 150 lb (dry); Filter Aid/Thickener Proprietary Corrosive 200 gal Polymer (solution) Chemical Building (Ozone Ozone Highly Toxic; GeneratorOxidizing 10028-15-6 1,1201bs/day (Generated On-Site) Room) Ozone Ozone 10028-15-6 Highly Toxic; 1,120 lbs/day Contactor Area Oxidizing Mechanical 250 lb (dry); Dewatering Mechanical Dewatering Proprietary Corrosive 400 gal BuildingPolymer (solution) LOX Storage Cryogenic Area Liquid Oxygen 7782-44-7 Oxidizing 12,000 gal Combustible Generator Area Diesel fuel#2 68476-34-6 Liquid (Class II, 800 gal Carcinogen) 0 Lake Oswego•Tigard wiwii Water Partnership sharing water connecting communities Hazardous Materials Management Plan-DRAFT Rev 1.0 Page 4 4.0 Hazardous Materials Operation Plan 4.1 Separation, Secondary Containment, and Waste Disposal The hazardous material storage areas at the LOT WTP will be separated depending on their compatibilities and reactivity. And secondary containment will be provided for these materials to further mitigate the risk of potential spill or contamination. Table 2 summarizes the operational measures to minimize any potential emergency. Further considerations are given to the various chemicals used in the plant treatment processes. The chemical operation plan is detailed in the following sections. Table 2. Separation, Secondary Containment, Monitoring and Waste Disposal Stora a Chemical Secondary Monitoring Monitoring Waste g Containment Frequency Disposal Location Calcium Thiosulfate Licensed Calcium Containment Visual Inspection 3X Daily Waste Thiosulfate Area Hauler Visual Inspection; 3X Daily; Liquid Alum West Side Low Level Alarm Continuous Licensed Containment Waste Area Visual Inspection; 3X Daily; Hauler Secondary Low Level Alarm Continuous Coagulant Chemical Visual Inspection; 3X Daily; Building Sodium East Side Low Level Alarm Continuous Licensed Hypochlorite Containment Waste Area Visual Inspection; 3X Daily; Hauler Caustic Soda Low Level Alarm Continuous Visual Inspection; 3X Daily; Ballasted Floc Low Level Alarm Continuous Polymer Polymer Licensed Containment Waste Filter Area Visual Inspection; 3X Daily; Hauler Aid/Thickener Low Level Alarm Continuous Polymer Lake Oswego •Tigard Water Partnership MWH. shanng water connecting commumhes Hazardous Materials Management Plan-DRAFT Rev 1.0 Page 5 Table 2. Separation, Secondary Containment, Monitoring and Waste Disposal (Continued) Storage Secondary Monitor. Monitoring Waste Location Chemical Containment g Frequency Disposal N/A Visual Inspection; Pressure/ (Fully Temperature/Flow 3X Daily; OzoneRate/Ambient Air N/A Generator Ozone Contained Continuous Room Specialized Ozone Reactor) Concentration Sensors N/A Visual Inspection; Ambient Air Ozone (Sealed Reactor Ozone 3X Daily; N/A Ozone with Off Gas Continuous Contactor Destruct Concentration System) Sensors Polymer Visual Inspection; 3X Daily; Licensed Mechanical Mechanical Y P Waste Dewatering Dewatering Containment Low Level Alarm Continuous Hauler Building Polymer Double-wall Visual Inspection; 3X Daily; LOX Liquid Oxygen Tank Leak Detection Continuous N/A Storage Area Double-wall Visual Inspection; 3X Daily; Waste Generator Diesel fuel#2 Tank Leak Detection Continuous Hauler Area 4.2 Chemical Deliveries The Chemical Building is located near the center of the plant site, within the secure area and a contained perimeter. Chemicals are delivered via tank trucks to permanent chemical storage tanks within the Chemical Building. The chemical fill station is located directly adjacent to the Chemical Building in a covered area enclosed on two sides. This allows easy drive-thru access for delivery trucks, providing protection from environmental elements such as wind and rain and facilitates containment in the unlikely event of a spill. Chemical delivery truck drivers are well trained and follow strict industry standards to ensure safe and effective transfer of chemicals. The fill station will receive bulk deliveries for the following chemicals: caustic soda, sodium hypochlorite, liquid alum, and a secondary coagulant such as aluminum chlorohydrate or polyaluminum chloride. Tank level indicators,located at the fill station,monitor the tank filling operations. The tank filling area is divided into two sub-areas: one with filling connections for acids, including the alum and secondary coagulant; and one with filling connections for bases, including the caustic soda and sodium hypochlorite. In the event of a spill, drains located in each tank filling sub-area will convey spilled chemical into the appropriate containment sump within the chemical building. These Lake Oswego•Tigard . Water Partnership �; mm1 sharing water connecting communities Hazardous Materials Management Plan-DRAFT Rev 1.0 Page 6 spilled chemicals will be collected and disposed of off-site by licensed waste hauler. NOTE: The licensed waste facility and hauler will be determined following construction. This methodology for containment exceeds common safety practices for chemical fill stations and further mitigates the risk of a spill causing harm on or around the plant site. The LOX Storage Area and Generator Area are located by the drive way between Finished Water Pump Station and Ballasted Flocculation Area. LOX and diesel will be delivered by the professional suppliers and will be handled with care. 4.3 Chemical Storage Areas Inside the Chemical Building, chemical storage tanks, separated into acid and base categories depending on their relative pH and reactivity, are placed in large containment areas which further mitigate the risk of a potential spill. These containment areas are designed to hold the contents of one full tank and 20 minutes of flow from the fire suppression sprinklers, while maintaining a minimum of 6 inches of freeboard. Within each containment area, a sump with a chemical resistant pump allows chemical spills to be pumped out of the containment sump and into a tanker truck for safe transport to the appropriate disposal facility. Chemical feed pumping facilities as well as ancillary equipment related to chemical feed are also located in this same containment area mitigating the risk of minor leaks associated with the pumps or pump piping connections. 4.4 Chemical Piping Buried chemical piping outside the containment areas is double contained within both the primary chemical feed pipe and an additional pipe sleeve. Double contained chemical pipes are sloped appropriately to ensure any leaks in the pipe are ultimately contained in sumps at either end of the piping. In the event that the primary chemical feed pipe develops a leak, the leaked chemical would flow by gravity into a containment sump where sensors would trigger an alarm to plant staff indicating the issue. From there, plant staff can shut down the feed pump and isolate the section of leaking pipe to further diagnose and resolve the problem. Redundant chemical piping for key chemical systems and their associated dosing points ensures the WTP can remain online in the event of a chemical pipe failure 4.5 Specific Considerations for LOX and Ozone The ozone treatment process at the WTP consists of several highly specialized, sophisticated pieces of equipment. Each piece of equipment features control and monitoring equipment, designed to provide a safe and secure operating environment. The system can automatically detect issues and initiate immediate shut down, isolating each element of the process as needed. The key elements of the ozone system are: • Liquid oxygen (LOX) Tank • LOX vaporizers • Ozone generators • Ozone dissolution and injection equipment • Ozone contactor Lake Oswego•Tigard Water Partnerships,,. SAWN., sharing water connecting communities Hazardous Materials Management Plan-DRAFT Rev 1.0 Page 7 • Ozone destruct units LOX. At the WIT, LOX will be present on the site as the primary constituent for making ozone. The LOX tank features double wall construction utilizing specially formulated high-nickel stainless steel. The annular space between double walls is insulated and under vacuum to isolate the outside of the tank from the cold temperatures inside the tank. This allows the outside of the tank to be safe to touch without the risk of frostbite. The LOX tank features redundant safety valves to prevent over-pressurization during filling and redundant shut-off valves, including an emergency shut-off valve separate from any control interlocks,to isolate the tank. The LOX tank is located centrally on the site, safe within the secure perimeter. The location of the tank includes adequate distance from other structures and sufficient ventilation to prevent accumulation of oxygen in the unlikely event of a leak. The WTP is a non-smoking facility. Warning signs around the tank indicate the risk of combustion in the immediate area. Because liquid oxygen quickly vaporizes, dilutes and dissipates in the atmosphere, the increased risk of combustion rapidly decreases at short distances away from the tank itself and is minimal beyond the secure perimeter. LOX is conveyed via foam-glass insulated seamless stainless steel piping to the LOX vaporizers where it is converted to gaseous oxygen. The careful design of the LOX conveyance system and use of specific pipe materials and fittings mitigates the risk of a LOX or gaseous oxygen leak. However, in the unlikely event of a leak additional safety systems are provided to safely isolate and shutdown the LOX system. Small leaks in the LOX tank or LOX piping are easily detectible since escaping LOX will cause moisture in the area to freeze causing noticeable frost in the area of concern. More significant leaks are immediately detected via the increased speed of pressure loss from the tank. In this case the system can quickly be shut down while a more thorough inspection, diagnoses the problem and remediation can be undertaken. The gaseous oxygen conveyance piping is similar to the LOX piping, heavy wall seamless stainless steel with thoroughly tested, corrosion resistant (passivated) welded joints. No connections are allowed between the vaporizers and the ozone generation room to mitigate the risk of leaks in this piping. Ozone Generators. Using fully-contained specialized reactors, gaseous oxygen is converted to ozone within the ozone generators.These generators are located in the ozone generation room,part of the Chemical Building. The ozone generation process is monitored by numerous sensors including pressure, temperature, flow rate, and ozone concentration. Any deviation from standard operating parameters will trigger an immediate shutdown of the ozone generator. Temperatures in the ozone generators are kept cool by a continuous cooling water stream which maintains a temperature approximately between 60°F and 120°F. Inside the Ozone Generation Room, redundant ambient sensors detect elevated levels of oxygen or ozone and trigger alarms, shutting down the systems in the event of an abnormal detection. The ozone is conveyed via stainless steel piping to the ozone dissolution and injection equipment in the Ballasted Floc/Ozone gallery. Similar oxygen and ozone sensors in this gallery can trigger alarms and shutdown ozone systems if needed. Both areas feature additional ventilation systems that can rapidly bring outside air in, diluting and venting ozone or oxygen gas harmlessly to the atmosphere. These Lake Oswego•Tigard Water Partnership MWH sharing water connecting communities Hazardous Materials Management Plan-DRAFT Rev 1.0 Page 8 ventilation systems are triggered automatically by the sensors but can also be manually initiated via emergency stop buttons located near the building exits at each location. Ozone is readily identifiable by smell and can be detected by people at levels well below the human health and safety standard. Operations staff are trained to be alert and aware of increased levels of ozone in the gallery or generator areas and can manually initiate the emergency stop procedures if needed. Ozone Contactor. The ozone is dissolved in the water stream and allowed time to react with the process water stream inside of the Ozone Contactor. The Ozone Contactor is sealed to prevent gas from escaping. It is also kept under constant vacuum pressure to actively draw out any ozone gas present in the headspace between the water surface and the sealed lid of the contactor. The vacuum pressure is provided by the Ozone Destruct Unit blowers which employ a thermal catalytic reaction using magnesium dioxide to ensure the complete conversion of ozone back to oxygen before it is vented harmlessly to the atmosphere through vents in the chemical building roof. Monitoring equipment on the Ozone Destruct Unit exhaust ensures all ozone is destroyed before leaving the building.Any reading above acceptable set points immediately shuts down the ozone system. 5.0 Hazardous Materials Emergency Response Plan This Hazardous Materials Emergency Response Plan (HMERP) is developed for hazardous materials spill or emergency and part of the HMMP. There is a stand-alone ERP for the entire water system. The HMERP provides the procedures for LOT WTP employees to follow in the event of an emergency and reporting requirements for hazardous materials release. The facility will be operated and maintained to minimize the risk of hazardous materials spills, fires/explosions, and other emergencies. The Emergency Coordinator and Alternate Emergency Coordinator for the LOT WTP are: Emergency Coordinator Alternate Emergency Coordinator Kari Duncan Kevin Batridge Day: (503) 635-0394 Day: (503) 635-0394 Night: (503) 701-2978 Night: (503) 869-2792 The Emergency Coordinator (or Alternate Emergency Coordinator) is responsible for the following: During an Emergency Related to Hazardous Materials • Coordinating all emergency response actions at the facility; • Being familiar with the facility operations and having full access to the facility; • Being available on a 24-hour basis; • Identifying the character, exact source, quantity, and area extent of any released hazardous materials; • Assessing possible hazards to human health or the environment that may result from the emergency. This assessment shall consider both direct and indirect effects (e.g., the effects of Lake Oswego•Tigard tH Water Partnership sharing water connecting communities Hazardous Materials Management Plan-DRAFT Rev 1.0 Page 9 any hazardous, irritating, or asphyxiating gases that are generated, the effects of any hazardous surface water run-off or chemical agents used to control fire,etc.); • Notifying Tualatin Valley Fire & Rescue (TVF&R) — the designated hazardous materials responder for assistance. • Notifying the appropriate local authorities (e.g., "911") to request assistance (unless "911" had been previously called by another employee), and being available to assist in deciding whether local communities should be evacuated; • Shutting down the gas and water supply or other utilities, or delegating another employee to do so during emergency situations; • Notifying appropriate LOT WTP personnel outside the facility and other agency personnel of the emergency; • Monitoring for leaks, pressure build-up, gas generation or ruptures in valves, pipes, or other equipment shut down in response to the incident; • Taking all reasonable measures necessary to minimize the potential for fires, explosions, and releases from occurring,recurring, or spreading to other areas at the facility; • Activating internal facility communication systems to notify facility employees; and requesting evacuation (as appropriate); • Accounting for all employees following a facility evacuation; Following an Emergency Before facility operations are resumed in areas of the facility affected by the incident, the Emergency Coordinator(or Alternate Emergency Coordinator) is responsible for the following: • Conducting re-entry inspections following facility evacuations and requesting assistance from TVF&R in making these inspections,as needed; • Providing for proper storage and disposal of recovered waste, contaminated soil or surface water, or any other material that results from an explosion, fire,or release at the facility; • Ensuring that no material that is incompatible with the released material is transferred, stored, or disposed of in areas of the facility affected by the incident until cleanup procedures are completed; • Ensuring that all emergency equipment is cleaned, fit for its intended use, restocked, and available for use; • Informing TVF&R that the facility is in compliance with the requirements above regarding proper storage and disposal of recovered waste, and that no material that is incompatible with the released material was transferred, stored, or disposed of in areas of the facility affected by the incident until the cleanup procedures were completed. Lake Oswego•Tigard , Water Partnership sharing water connecting communities Hazardous Materials Management Plan-DRAFT Rev 1.0 Page 10 Non-Emergency Responsibilities • Contacting emergency service providers for the purpose of pre-emergency coordination, and modifying this Management Plan with any arrangements agreed to by local response agencies to coordinate emergency services; • Ensuring the testing, maintenance, and inspections of emergency response equipment at the facility, and replacement of equipment following the use or malfunction of any equipment; • Contacting the licensed waste hauler to remove routinely-generated hazardous wastes from the site. The pickups shall be made at least every 90 days to comply with Local, State, Federal hazardous waste regulations; • Posting evacuation maps at several locations at the LOT WTP. If the evacuation route or reassembly area are changed,new maps shall be immediately posted; • Maintaining copies of records, permits, inspection records, employee training records, and chemical inventory records pertaining to the facility. 6.0 Recordkeeping The Emergency Coordinator (or Alternate Emergency Coordinator) is responsible for maintenance of the following records: • Records of inspection of hazardous materials/waste storage areas. Weekly inspections are conducted for areas where hazardous wastes are stored. • Maintenance of a copy of this management plan (including the Emergency Response Plan) at the facility. • Reportable/recordable accidental releases of hazardous materials (including wastes) • Copies of Underground Storage Tank Unauthorized Release/Contamination Site Report submitted to the County, and reports submitted to the OR/EPA for hazardous waste releases if underground storage tank is installed at the facility in the future. Lake Oswego•Tigard Water Partnership t;, MiiltH_, sharing water connecting communities Hazardous Materials Management Plan-DRAFT Rev 1.0 Page A-1 Appendix A Facility Description 1. Business Name: Lake Oswego-Tigard Water Treatment Plant Phone: (503) 635-0394 Address: 4260 SW Kenthorpe Way,West Linn, Oregon 97068 2. Person Responsible for the Business Name Title Phone Kari Duncan Plant Manager (503) 635-0394 3. Emergency Contacts: Name Title Mobile Number Work Number Kari Duncan Plant Manager (503) 701-2978 (503) 635-0394 Kevin Batridge Assistant Plant Manager 4503) 869-2792 (503) 635-0235 4. Person Responsible for the Application/Principal Contact: Name Title Phone Kevin Batridge Assistant Plant Manager (503) 635-0235 5. Principal Business Activity: Operations at this water treatment facility include ballasted flocculation, clarification, ozonation,filtration,and sludge treatment and disposal for the purposes of providing potable water. 6. Number of Employees: 8-12 7. Number of Shifts: 2 a. Number of Employees per Shift 3-4 8. Hours of Operation: 18-24 hours daily 9. Facility Location Map and Site Plan: See attached Figure 1 and Figure 2 10. Chemical Storage Area Plan: See attached Figure 3 and Figure 4 40 Lake Oswego •Tigard Water Partnership 0 MINS{ sharing water-connecting communities A IBICIDIEIF IGIHIIIJIK IL I M I N I O I P 10 10 B ..• 9 Na 4 N HuseoSOP TES oues LAKE OSWEGO �\ \\ \ — " ILAKEI OSWEGO-TIGARD WTP e KENTHORPE WAY LANE nvwEgo, Wir *\\J \�4 a PACIFIC1NCO1iC O MAPLETON DR. i ,p OCEAN SALEM£4 °m ((JJ�� VICINITY MARY S.YOUNG PARK ,4 �c°Rvau3 ALe'" ft GLADSTONE EUGENE 0 SEND OREGON FR �d-''' � �t sEe°Bow. °B a ., L /,/ ..rte VC Vii,part E 5 s `' 1144 WEST LINNNN: 0.f..:-.;:',..*,;.! y§.0-yy �..i � — cKa,Ts vas E� I q! \•••:•:$•\:,.:.:::?- �` - N aroIltc?�.'�.�a41 1 fr ':,,,,...."A„.; ://"..,.....144-/OREGON CITY I 3 LOCATION MAP VICINITY MAP if `s; i€ OD MWHO Lake Oswego-Tigard Water Treatment Plant I Location and Vicinity Map Figure 1 4260 SW Kenthorpe Way A B West Linn,Oregon I C I D E I F I G i H I 1 I I IK IL I M I N 'i O P A I 8 I C I 0 I E I F I G I H I I I J I K I L I M I N 0 P KEY PLAN ofi 10 SIDEWALK _ suwrr�eeFss,.. KE. ...war incu,roeeFss /j j ryc \`• T1 �—rte 10 ili 9 //// L /////:( r ,' "A —, I t.." '"; .. . I likk-‘411140r INFILTRATION BASIN • �� OON DEG. PUMPS nGENERAL SHEET NOTES PUMP IMPILTRATION MEN em.... 1 TREE PROTECTION FEM.CET.. F.,..... i ihrw n{ _ . .,. .. 6Eozom 1 _ i 12 ' 1---1 7 omn L 11111 f Elin s _' H 1 MM r- 6 f0M14. , 1�E» I 6 oRo�anN�E—I i CI • . —� 5 1 f== _LOX STORAGE 5 I SURGE.a«-- . \1 / uw eM r___ oaa _ POE v < MO METERING M/7w17lI i SCREEN L ` 3 1 if — E. .. © MWH. Lake Oswego-Tigard Water Treatment Plant I Site Plan Figure 2 4260 SW Kenthorpe Way """" _ .. West Linn,Oregon A -I- A I C I D I E I F I G I H I I J 1 K L A. N • 0 I P A IB ICID IE IF IG IH I I I J K i I IMINIOIP 10 Z- 10 PHASE P.SE♦ , O 1041 s O o [Aga _ Fww. _ WALL WALL COLUMN L// IF OF O O O 9 (oFwxucaeu FoE ai 0 �. O WALL B SEE 2SMM 211,1.44 TRLICX _ grM1HIDAIwo xwr ZIMPFP TRUCK PUMPS rOx TRUCK uvLprL.gpwvE)Heu \ cErvRnra , 21VgHv ite,nuPBALLASTED FLOC 5us?ncTr )�ut.21, ` � r O e 6 mF MosrEJ '/ !.� � ,r, 40— A) —A) CiVi0 .r' foI]i toll s Ho, OA • CALISOC SODA NO IP: _ = e — SYSTEM sOw o=«E�EH,.«ROOM v«tee oE BALLASTED L! .- iw�Ea,E s.ow,aE o«w.EeHE.0>s.s,EM Oa 3 xa E AR HsrORA. P „SHL, ,1:;;I:1 I 1 f=:1 rK 0 . ELECTRICAL ROOME 0 3 �H i O �s..,` t. STAIR 8 ��..v 1.1...1.•• L — i % 2 vs ;NM 7 II rFilo o�ws g¢ EEEo P�i� EEo vu (0) MWHB Lake Oswego-Tigard Water Treatment Plant ii Chemical Building Figure 3 ,l Overall Plan A I B I C I D 1 K i F G I H 1 I I J I K i L I M I N 0 I P A B C D E F G I H • I I J I K , L M i N 0 P KEY PLAN 10 10 MI J -- C,) ...._ NIB I9 4-1 , ! , i ,- , 1 , , ,n I GENERAL SHEET NOTES 8 I I ,. NOTE 8 _ - I , FOR NOTE 2 POLYMER TPHS SUER 1 NM ia ma ol) I e I r mal F :... 1 ELECTRIC,SOON i�� P o I e Mil O2EEo s �'r "00°"E'v.,-m`Ho wn (uoa,a vmoz) I s SUMER MIXING MO HEW.TANKS s.- (kW s TNK02) I 1 3 tll 2 11 ii I! (0) MWH. Lake Oswego-Tigard Water Treatment Plant Mechanical Dewatering Building Figure 4 11 el Lower Level Plan (- wrawruA �n,.. B w.E C D E F G H I J K L M N 0 P Hazardous Materials Management Plan-DRAFT Rev 1.0 Page B-1 Appendix B Hazardous Materials Inventory Statement (HMIS) Table 1. Hazardous Materials Inventory Statement (HMIS) Summary Report (for each control area and Group H occupancy) H-3 (Chemical Building) HAZARD IBC/IFC MAXIMUM IBC/IFC CLASS INVENTORY AMOUNT ALLOWABLE QUANTITY HAZARD CLASS Solid Liquid (Abbrev) (lb) (gal) Gas (gal) Solid(lb) Liquid (gal) Gas (gal) Corrosive COR 400 44,125 5,000 500 Oxidizer OX1 12,200 4,000 Water Reactive WR1 12,200 No Limit 1,120 Oxidizing Gas OXG lb/day* 1,120 Highly Toxic HTOX lb/day* Control Area 2(Mechanical Dewatering Building) HAZARD IBC/IFC MAXIMUM IBC/IFC CLASS INVENTORY AMOUNT ALLOWABLE QUANTITY HAZARD CLASS Solid Liquid (Abbrev) (lb) (gal) Gas (gal) Solid(lb) Liquid (gal) Gas (gal) Corrosive COR 250 400 5,000 500 H-3 (Ozone Contactor Room) HAZARD IBC/IFC MAXIMUM IBC/IFC CLASS INVENTORY AMOUNT ALLOWABLE QUANTITY HAZARD CLASS Solid Liquid (Abbrev) (lb) (gal) Gas (gal) Solid (lb) Liquid (gal) Gas (gal) 1,120 Oxidizing Gas OXG lb/day' 1,120 Highly Toxic HTOX 1b/day* 6 Lake Oswego •Tigard Water Partnership E- MWH. sharing water-connecting communities Hazardous Materials Management Plan-DRAFT Rev 1.0 Page B-2 Table 1. Hazardous Materials Inventory Statement (HMIS) Summary Report (for each control area and Group H occupancy) - Continued H-3 (Liquid Oxygen Storage Area) HAZARD INVENTORY IBC/IFC MAXIMUM ALLOWABLE IBC/IFC HAZARD CLASS AMOUNT QUANTITY CLASS Solid Liquid Gas (Abbrev) (lb) (gal) (gal) Solid(lb) Liquid(gal) Gas (gal) Cryogenic Oxidizing Cryo-OX 12,000 45 H-2(Generator Area) HAZARD INVENTORY IBC/IFC MAXIMUM ALLOWABLE IBC/IFC HAZARD CLASS AMOUNT QUANTITY CLASS Solid Liquid Gas (Abbrev) (lb) (gal) (gal) Solid (lb) Liquid(gal) Gas (gal) Combustible Liquid C2 800 120 Notes *Ozone is generated on-site. Lake Oswego•Tigard . MWH. Water Partnership sharing water connecting communities Hazardous Materials Management Plan-DRAFT Rev 1.0 Page B-3 Table 2. Hazardous Materials Inventory Statement (HMIS) Inventory Report Container Haz Haz Stored Stored Closed CAS Product Name Number Location Class Class >55 gal 1 2 (lbs) (gal) (gas) Calcium 10124- H-3 Thiosulfate 41-1 (Chemical Yes COR 825 Building) 10043- H-3 Alum 01-3 (Chemical Yes COR 12,200 Building) ' Secondary Coagulant (Aluminum H-3 1327-41- Chlorohydrate (Chemical Yes COR 6,100 9 or Building) Polyaluminum Chloride) Sodium 7681-52- H-3 Hypochlorite 9 (Chemical Yes COR OX1 12,200 Building) 1310-73- H-3 Caustic Soda (Chemical Yes COR WR1 12,200 Building) ' Ballasted Floc Propriet H-3 Polymer ary (Chemical Yes COR 250 400 Building) Filter Aid/ H-3 Thickener TBD (Chemical Yes COR 150 200 Polymer Building) H-3 Ozone 10028- (Chemical Yes HTO OXG 1,120 15-6 Building) X lb/day* H-3 (Ozone 10028- HTO 1,120 Ozone 15 7 Contactor Yes OXG X lb/day* y Mechanical Control Area Dewatering TBD 2 (MDB) Yes COR 250 400 Polymer H-3 (Liquid 7782-44- Cryo Liquid Oxygen 7 Oxygen Yes OX 12,000 Area) _ 68476- H-2 Diesel fuel#2 34-6 (Generator Yes C2 800 Area) _ _ Notes *Ozone is generated on-site. e, Lake Oswego•Tigard Water Partnership ,-; MWH„ sharing water connecting communities Hazardous Materials Management Plan-DRAFT Rev 1.0 Page B-4 Table 3. Hazardous Materials Inventory Statement(HMIS) Inventory Report (NOTE: Other Potential hazardous chemicals to be determined following construction) CAS Container Haz Haz Stored Stored Closed Product Name Number Location Class Class >55 gal 1 2 (lbs) (gal) (gas) Hydraulic Oil 64742- TBD 54-7 Waste Solvent Mixture TBD Waste Oil Mixture TBD Paint Thinner 64742- Administration 89-8 Building Lakeater OswegoPartners•Tigardhi �, MWH r Wp sharing water•connecting communities Appendix C 2012 International Fire Code - Appendix H APPENDIX H HAZARDOUS MATERIALS MANAGEMENT PLAN (HMMP) AND HAZARDOUS MATERIALS INVENTORY STATEMENT (HMIS) INSTRUCTIONS The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance. SECTION H101 SECTION H102 HMMP HMIS H101.1 Part A (See Example Format in Figure 1). 11102.1 Inventory statement contents. 1. Fill out items and sign the declaration. 1. HMIS Summary Report(see Example Format in Figure 2. Part A of this section is required to be updated and sub- 4). mitted annually,or within 30 days of a process or man- 1.1. Complete a summary report for each control agement change. area and Group H occupancy. 11101.2 Part B—General Facility Description/Site Plan 1,2, The storage summary report includes the HMIS (See Example Format in Figure 2). Inventory Report amounts in storage, use- 1. Provide a site plan on 8'/2 by II inch(215 mm by 279 closed and use open conditions. mm) paper, showing the locations of all buildings, 1.3. Provide separate summary reports for storage, structures, outdoor chemical control or storage and use use-closed and use-open conditions. areas, parking lots, internal roads, storm and sanitary 1.4,IBCIIFC Hazard Class. sewers, wells and adjacent property uses. Indicate the approximate scale, northern direction and date the 1.5. Inventory Amount. [Solid (lb), Liquid (gal), drawing was completed. Gas(cu ft,gal or lbs)]. 11101.3 Part C—Facility Storage Map—Confidential Infor- 1.6. IBC/IFC Maximum Allowable Quantity per oration(See Example Format in Figure 3), control area (MAQ). (If applicable, double MAQ for sprinkler protection and/or storage in 1. Provide a floor plan of each building identified on the cabinets. For wholesale and retail sales occu- site plan as containing hazardous materials on 81/2-inch pancies, go to Tables 5003.11.1 and 5704.3.4.1 by 11-inch(215 mm by 279 mm)paper,identifying the of the International Fire Code for MAQs.). northern direction, and showing the location of each storage and use area. 2. HMIS Inventory Report(see Example Format in Figure 5). 2. Identify storage and use areas, including hazard waste storage areas. 2.1. Complete an inventory report by listing prod- ucts by location. 3. Show the following: 2.2. Product Name. 3.1. Accesses to each storage and use area. 2.3. Components. (For mixtures specify percent- 3.2.Location of emergency equipment. ages of major components if available.) 3.3. Location where liaison will meet emergency 2.4. Chemical Abstract Service (CAS) Number. responders. (For mixtures list CAS Numbers of major 3.4. Facility evacuation meeting point locations, components if available.) 3.5. The general purpose of other areas within the 2.5. Location.(Identify the control area or,if it is a building. Group H occupancy, provide the classifica- tion,such as H-2,H-3,etc.) 3.6. Location of all aboveground and underground 2.6. Container with a capacity of greater than 55 tanks to include sumps, vaults, below gradegallons (208 L). (If product container, vessel treatment systems,piping,etc, or tank could exceed 55 gallons, indicate yes 3.7.Show hazard classes in each area, in column.) 3.8. Show locations of ail Group H occupancies, 2.7. Hazard Classification. (List applicable classi- control areas, and exterior storage and use fications for each product.) areas. 2.8. Stored. (Amount of product in storage condi- 3.9. Show emergency exits. tions.) Copyrsonttitemauonaiaae"cO iiRNATIONAL FIRE CODE® 463 Provided by IHS under hence wi!h ICC Ucensee=M/M1 Americas Inc/5556287001,User-Deng,Qiamu No reproduction or networking pennilled without license torn IHS Not for Resale,09/17/2012 15:11:31 MDT APPENDIX H 2.9. Closed.(Amount of product in use-closed sys- tems.) 2.10. Open. (Amount of product in use-open sys- tems.) Facilities which have prepared,filed and submitted a Tier II Inventory Report required by the U.S.Environmental Pro- tection Agency (USEPA) or required by a state which has secured USEPA approval for a similar form shall be deemed to have complied with this section. SECTION H103 EMERGENCY PLAN 1.Emergency Notification. (See Example Format in Figure 6.) 2.Where OSHA or state regulations require a facility to have either an Emergency Action Plan (RAP) or an Emergency Response Plan (BRP), the EAP or ERP shall be included as part of the HMMP. SECTION H104 REFERENCED STANDARDS EPA 40 CFR Emergency Planning and Part 355-2008 Notification 11101.4 ICC IBC-12 International Building Code 11102.1 ICC IFC-12 International Fire Code H101.4, H102.1 • CopydghthtemaimralCode Cooed! 2012 INTERNATIONAL FIRE CODE' Provided by IHS under license with ICC k toensee=MNM Americas X5287001.tlser+Detg,Pian No reproduction or networking permitted wahma license from 1113 Not for Resale.OW 7/2012 15.11:31 MDT APPENDIX H FIGURE 1 HAZARDOUS MATERIALS MANAGEMENT PLAN SECTION I:FACILITY DESCRIPTION 1. Business Name: Phone: Address: 2. Person Responsible for the Business Name: Title: Phone: 3. Emergency Contacts: Name: Title: Home Number: Work Number: 4. Person Responsible for the Application/Principal Contact: Name: Title: Phone: 5. Principal Business Activity: 6. Number of Employees: 7. Number of Shifts: a. Number of Employees per Shift: 8. Hours of Operation: copyrighiiniemailonaicniiecoundi?RNATIONAL FIRE CODE® 465 Provided by IHS under hdense with ICC Licensee=MWH Americas Inc/5458237001,Usert)eng,Qienru No reproduction or networking permitted wNrwn license from[HS Not for Resale,09/17/2012 1511.31 MDT APPENDIX H FIGURE 2 HAZARDOUS MATERIALS MANAGEMENT PLAN SECTION I:FACILITY DESCRIPTION • • copyd9m fnletna onaI Code ceaacN 2012 INTERNATIONAL FIRE CODE" Provided by 8W undid Ncensewtlh{CC LicenseeuMMN Medcas Inc/5956287001,User•Oou,Qteeu Na reproduction or nepvmldn9 peddled wdhoul Nodose from 913 Not or Reside,097171201216:1181 MOT APPENDIX H FIGURE 3 HAZARDOUS MATERIALS MANAGEMENT PLAN SECTION I:FACILITY DESCRIPTION PART C—FACILITY MAP �.� • • • 1 • Business Name Date Address Page of Copyrgidlmemaxcnaiard;cwnci RNATIONAL FIRE CODE 467 Provided by IHS wrier license wall ICC Licansee=M M1 Amens k1db98828700i,UsernDeng,mama No reproduction or networking permitted without license Som IHS Not for Resale,09/17/2012 15:1 i MDT APPENDIX H FIGURE 4 SECTION I1---HAZARDOUS MATERIALS INVENTORY STATEMENT(HMIS)HMIS SUMMARY REPORT°(Storage°Conditions)° IBC/IFC HAZARD CLASS HAZARD CLASS INVENTORY AMOUNT IBC/IFC MAXIMUM ALLOWABLE QUANTITY') (Abbrev) Solid(Ib) Liquid(gal) Gas(cu ft,gal,lb) Solid(Ib) Liquid(gal) Gas(cu ft,gal Ib) Combustible C2 5 120 Liquid C3A 330 C313 6 13,200 Combustible Fiber Loose/Baled Cryogenics,Flammable Cryo-Flam 45 Cryogenic,Oxidizing Cryo-OX 45 Flammable Gas FLG (Gaseous) 150 1,000 (Liquefied) • 30 Flammable Liquid FIA 30 FIB&FIC 5 120 Combination(1A,1B,IC) 5 120 Flammable Solid FLS 125 • Organic Peroxide OPU 0 • OP1 5 OP2 50 OP3 125 OP4 NL OP5 NL Oxidizer OX4 0 OX3 10 OX2 250 OX1 4,000 a.Complete a summary report for each control area and Group H occupancy. b.Storage=storage+use-closed+use-open systems. c. Separate reports are required for use-closed and use-open systems. d.Include increases for sprinklefrs or storage in cabinets,if applicable. (This is an example;add additional hazard classes as needed.) Copyright irdenTalonal Code Council 2012 INTERNATIONAL FIRE CODE® Provided by IHS under license ernt ICC Ltensee*Moti Amelias Inc/5956297551,Use,Deug,Qlanru 1Jo reproduction or networking prodded wdhoutlicense tom He Not for Resale,091171201215:11:31 MDT APPENDIX H FIGURE 5 SECTION II—HAZARDOUS MATERIALS INVENTORY STATEMENT(HMIS)HMIS INVENTORY REPORT (Sort Products Alphabetically by Location of Product and then Alphabetically by Product Name) Haz Haz Haz Product NameContainer Stored Stored Stored Closed Closed Closed Open Open (Components)" CAS Number Location' >55 gal Class Class Class13ss (lbs) (gal) (gas)" (bis) (gal) gasd (lbs) (gal) ACETYLENE 74-86-2 Control FLO UR2 150 (Acetylene gas) Area 1 BLACK AEROSOL Control SPRAY PAINT Mixture ea 1 A-L3 24 Ar (Mixture) GASOLINE, UNLEADED 8006-61-9 (Gasoline-Mixture) Methyl-t-Butyl-Ether-15% 1634-04-4 Control FIB 5 Diisopropyl Ether-7% 108-20-3 Area 1 Ethanol-11% 64-17-5 Toluene-12% 108-88-3 Xylene-11% 1330-20-7 MOTOR OIL-10W40 (Hydrotreated Heavy 64742-54-7 Control C3B 3 Paraffinic Distillate-85%; Mixture Area 1 Additives-20%) DIESEL 68476-34-6 Control (Diesel-99-100%; Proprietary Area 2 Yes C2 225 Additives) TRANSMISSION FLUID (Oil-Solvent-Neutral; 64742-65-0 Control C3B 3 Performance Additives) Area 2 OXYGEN,GAS 7782-44-7 11-3 OXG 5,000 (Oxygen) a. Identify the control area or,if it is a Group H occupancy,provide the classification,such as 1-1-2,H-3,etc. b.If the product container,vessel or tank could exceed 55 gallons,indicate yes in the column. c. Specify percentages of main components if available. d.In cubic feet,gallons or pounds. (This is an example;add additional hazard classes as needed.) • • • copmamhremaronaic°oecoundt!RNATIONAL FIRE CODE® 469 Paraded be Mie ander Mcense wMh 1CC Ucensee+MW-1 Americas lnc/5958287011,User-ne& .ounru No reproduction or netwoddny pemiled without Ikense from IHS Nat for Resale,09/171201215:1191 NOT CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 18- A RESOLUTION OF THE TIGARD CITY COUNCIL ADOPTING AN OPERATIONS MANUAL RELATING TO AN INTERGOVERNMENTAL AGREEMENT BETWEEN LAKE OSWEGO AND TIGARD FOR WATER SUPPLY FACILITIES,DESIGN,CONSTRUCTION,AND OPERATION. WHEREAS,on August 6,2008,the Parties executed the Intergovernmental Agreement Regarding Water Supply Facilities,Design,Construction,and Operation ("Agreement");and WHEREAS,the Partnership has completed construction of an expanded water supply system("Supply Facilities") for supply of drinking water to the two cities and their respective retail and wholesale customers;and WHEREAS,the Agreement requires the Parties to jointly develop and adopt an Operations Manual("Plan") for the Supply Facilities;and WHEREAS,the Plan is developed;and WHEREAS,an Oversight Committee,created by the Agreement,has reviewed the Plan and recommends it be adopted by the Parties. WHEREAS,Lake Oswego City Council considered and enacted adoption of the Plan at the regular meeting of the City Council of the City of Lake Oswego on the 5th day of December,2017. NOW,THEREFORE,IT IS RESOLVED by the Tigard City Council that SECTION 1. City Council approves and adopts the Lake Oswego-Tigard Water Partnership Operations Plan,in the form attached hereto as Exhibit"A." SECTION 2. This resolution is effective immediately upon passage. PASSED: This day of 2017. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 18- Page 1 AIS-3344 B. Business Meeting Meeting Date: 01/09/2018 Length (in minutes): 15 Minutes Agenda Title: Receive Update on Proposed Lake Oswego-Tigard Water Partnership Remaining Property Buy-in Prepared For: John Goodrich Submitted By: John Goodrich, Public Works Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Mtg-Study Sess. Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: � a Information ISSUE Review proposed agreement for additional contributions necessary to purchase real property within the Lake Oswego-Tigard Water Partnership. STAFF RECOMMENDATION / ACTION REQUEST Receive update and provide direction to staff regarding a proposal to oversight committee members. KEY FACTS AND INFORMATION SUMMARY Background On August 6,2008,the cities of Lake Oswego and Tigard entered into an Intergovernmental Agreement ("Agreement") creating the Lake Oswego-Tigard Water Partnership ("Partnership"). The 2008 Exhibit 6 of the Agreement provides for the Determination of Tigard Buy-in for Tigard's allocated share at 14/38 for properties and assets within the Partnership. The Agreement contained various exhibits setting forth current assets and values thereof,as well as identification of assets to be constructed and construction cost estimates. The third amendment of the Agreement(dated December 19,2013) revised Exhibit 6,Determination of Tigard Buy-in due to the increase in Tigard's allocated capacity in the Partnership from 14/38 share to 18/38 share. Exhibit 6 was amended and corrected for Tigard Buy-in costs for the Mapleton Drive properties,but did not re-allocate costs associated with other assets,properties,or easements as identified within the exhibit as 14/38 allocated. Request Lake Oswego is requesting that Tigard correct the allocation cost buy-in for the remaining assets,properties, and easements to 18/38 capacity share.This will require a fifth amendment to the Agreement,with a revised Exhibit 6. This included the Waluga Reservoir land and properties. Proposal Staff will provide information and options for council discussion about the proposed additional contribution to"true up" the real property allocation from 14/38 to 18/38 capacity in the Lake Oswego-Tigard Water Partnership. Staff proposes a draft Exhibit 6 Amended and Corrected Tigard Buy-in for Council consideration that recognizes participation and funding of Waluga Reservoir#1 roof replacement (Amendment 4 to the Agreement). Based on this proposal,Tigard would provide an additional contribution ($311,312) to the Partnership to true up all other properties to the 18/38 share ownership. The Third and Fourth Amendments to the Agreement, and the proposed Exhibit 6 are attached. Staff is recommending discussion at the next Oversight Committee meeting January 11,2018. OTHER ALTERNATIVES Not applicable. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Not applicable. DATES OF PREVIOUS CONSIDERATION This is the first time council will discuss proposed additional contributions to true up the real property allocation from 14/38 to 18/38 capacity in the Lake Oswego-Tigard Water Partnership. Fiscal Impact • Cost: 311,312 Budgeted (yes or no): Yes Where Budgeted (department/program): Water CIP Additional Fiscal Notes: This would be added as a cost invoice to the Lake Oswego Tigard Water Project CIP for the purchase of 4 million gallons per day additional capacity in the Lake Oswego-Tigard Water Partnership. Council will be considering and approving the final Lake Oswego Tigard Water Partnership project closeout (Project Completion) during a future quarterly budget adjustment to the FY 2018 Water CIP. Attachments Third Amendment LOT IGA Fourth Amendment LOT IGA Proposed Exhibit 6 LOT IGA CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 13- S A RESOLL I ION APPROVING TI IF. THIRD AMENDMENT TO TI IF WATER PARTNERSHIP INTERGO\ I ItN\II{Nl'AL AGREEMENT, INCLUDING 1111= N RC11:\si: OF TI iii NIAPIETON PROPERi'II '. 11 II. SHIFTING OF FOUR MILLION G.11.1.( )\ .\ i).\Y ( )1 (:.\1'.\ClTY iO TIGARD AND AUTI I( )BRING 111E MAYOR TO EXECUTE 11 II: \\II:NI)\II-.N I WHEREAS,in August 2(N18 the cities of Tigard and Lake Oswego entered into a water partnership formalized in the Intergovernmental Agreement Regarding Water Supply Facilities, Design,Construction,and Operation (Agreement);and \\'I II. REAS,this third amendment will update Exhibits 6 and 7 of the Agreement;and WHEREAS, Lake Oswego has offered and'Tigard desires to transfer an additional four million gallons ler day of program-wide capacity to Tigard for an agreed to price;and WHEREAS,with the approval of land use permits,it is now realized that the Mapleton properties are necessary for the completion of the program and thus Tigard is now obligated by the Agreement to purchase a proportional share of those properties from lake Oswego;and \X111:REAS,the Lake Oswego and Tigard City Councils are required to approve this amendment;and WHEREAS,an error in the original Exhibit 6,Determination of Ti{k ni litt)cln,needs to be corrected;and \V1IEREAS, the revised Exhibit 6 corrects a previous math error and now includes Tigard's buy-in of the Mapleton properties;and WI IFREAS, the revised Exhibit 7, l//orvlion of Impminnen!(:os/s to the Parties, has been updated and sets Tigard's system improvement costs at$154 million,which includes inflationary costs through 2016. NOW,TI Al TORE,RE IT RESOLVED by the Tigard City Council that: SE(:11()N 1: The Tigard City Council hereby approves Attachment A, the Third Amendment to the Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction, and Operation and authorizes the mayor to execute the amendment. SECTION 2: The Tigard Citi Council hereby approves the revised I..Iubit 6,the Determination o/ I nar1 In,as included in this third amendment to the Agreement. SECTION 3: The Tigard City Council hereby approves the revised Exhibit 7,.-I//oiation o/Syslrm Impnmment Costs to lix Parties,as included in this third amendment to the Agreement. SECTION 4: This resolution is effective immediately upon passage. RESOLV 11ON NO. 13- 5/ Page 1 ("Lk PASSED: This day of ; CrPMIX i 2013. I ' • May $ City :I igard ATTEST: titttf- t_,(A_A -Prft eft( City Recorder-City of Tigard RESOLUTION NO. 13- 51 Page 2 THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES, DESIGN, CONSTRUCTION,AND OPERATION THIS THIRD AMENDMENT to Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction and Operation (Third Amendment) is effective this 19th day of I cmber 2013, by and between the City of Lake Oswego (Lake Oswego) an Oregon municipal corporation, and the City of Tigard (Tigard), an Oregon municipal corporation. Lake Oswego and Tigard may also be referred to individually herein as a "Party" and collectively as "Parties." Recitals WHEREAS, on August 6, 2008 the Parties executed an Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction and Operation (Agreement); and WHERAS, since the execution of the original Agreement, the scope of the Project under the Agreement has changed from beginning with an "Initial Expansion" of Supply Facilities to provide Capacity of 32 million gallons of water per day (mgd), to instead encompass the full contemplated "Long Term Expansion," with a Capacity of 38 mgd; and WHEREAS, the Parties have concluded that it is in the best interest of both to adjust the allocation of Capacity from the expanded water supply facilities to transfer 4 mgd of Capacity from Lake Oswego to Tigard, resulting in 20 mgd being allocated to Lake Oswego and 18 mgd being allocated to Tigard; and WHEREAS, the shift in allocation, plus the addition of Mapleton Drive properties as assets under the Agreement and correction of original "buy-in" calculations, necessitates a payment from the City of Tigard to the City of Lake Oswego based on new costs share applied to costs paid by Lake Oswego on the 4mgd to date and the additional "buy-in" amount for the Mapleton Drive properties; and WHEREAS, Exhibit 6 to the Agreement outlining Tigard's buy-in costs, and Exhibit 7 to the Agreement setting forth an allocation of system improvement costs to the parties, require adjustments reflecting the changes described in these recitals; and WHEREAS, the Parties desire to expedite the timeframe for reviewing the Agreement to consider whether changes are necessary or desirable to reflect the transition from an agreement regarding construction to an agreement regarding long term operations; NOW, THEREFORE, THE PARTIES AGREE TO THIS THIRD AMENDMENT AS FOLLOWS: Section 1. Updating References and Eliminating Inconsistencies. The Agreement is amended to refer to a single Expansion having 38 mgd Capacity, in place of all references to an Initial Expansion or a Long Term Expansion. Section 2. Allocation of Capacity. The Agreement is amended to adjust any statements of allocations of Capacity to state an allocation of 20 mgd to Lake Oswego and 18 mgd to Tigard. Specifically, and without limiting the foregoing,Section 4.3 of the Agreement is amended to read as follows: 4.3 Allocation of Capacity At the completion of the Expansion, Tigard's allocation of Capacity shall be 18 million gallons of water per day, and Lake Oswego's allocation shall be 20 million gallons per day. Section 3. Payment. Within 60 days following the execution of this Third Amendment,Tigard shall pay Lake Oswego the sum of Five Million One Hundred Thirty One Thousand Three Hundred Ninety Dollars($5,131,390),consisting of$1,272,846 as an additional "buy-in"amount that results from adding the Mapleton Properties to the Agreement assets and correcting original buy-in calculations, plus$3,858,544 to reimburse Lake Oswego for costs paid to date by reason of the 4 mgd of Capacity that is transferred to Tigard pursuant to Section 2 of this Third Amendment. Section 4. Sales to Others. Article XI of the Agreement is amended to read as follows: Article XI Sales to Others In addition to the Existing Wholesale Customers, Retail Customers of any Party, existing mutual aid agreements,or extension of service to service areas identified in the Carollo Report,either Party may contract for the sale or use of water within that Party's allocation of Capacity to any other person,provided that the contract is on a surplus basis. Any additional sale of water contracts that are not on a surplus basis,or any other contracts for sale or use of the Supply Facilities, shall require the approval of the other Party and compliance with the terms of this Agreement.Any revenues derived from the sale of water to another entity shall be paid to the Managing Agency. Net proceeds from such sales shall be credited back to the Parties based on a method as mutually agreed. Net proceeds shall be those proceeds remaining after expenses, renewals and replacements and contingencies are paid. Section 5. Modifications to Governance and Management Structure.Section 15.1 of the Agreement is amended to read as follows: 15.1 Modification to Agreement Within one year after approval of this amendment,the Oversight Committee shall undertake a review of all agreements to date to consider any modifications to the terms and conditions of this Agreement that may be necessary or desirable, including any modifications needed to transition from an agreement regarding construction to an agreement regarding long term operations. Matters that may be considered include, but are not limited to, changes in ownership, water rights limitations, conditions of approval and legal settlements,governance and management structure.At the recommendation of the Oversight Committee,the Councils for the parties may consider: 15.1.1 Modification of the existing Agreement(s); 15.1.2 Replacement of existing Agreement(s)with a new Agreement: 15.1.3 Creation of a Supply Agency under ORS Chapter 190. Section 6. Revision of Exhibits. Exhibit 6(Determination of Tigard Buy-In)and Exhibit 7(Allocation of System Improvement Costs to the Parties)are revised to read as set forth in attached Exhibits 6 and 7. Section 7. Entire Agreement. Except a specifically amended by this Third Amendment, the Agreement dated August 6, 2008 as subsequently amended by the first Amendment and the Second Amendment remains in full force and effect. IN WITNESS WHEREOF the Parties have dated and signed this Agreement City of Lake Oswego City of Tigard `1 j41,f D)/?hh_3 / ha/-3 Mayor Dated Mayor JDated ATTEST: ATTEST: 4110 hied4'1,1„-,yn City Reco r Date City Recordet Dated APPROVED AS TO F• ' • APPROVED TO FORM: I //2 (3, is//C)//3 City Attorney Dated It City Attorney Dated EXHIBIT_6_ AMENDED AND CORRECTED TIGARD BUY-IN ISM Tigard Original Coal BkreNrte6,11 AII,ralfon% Tigard 1We text 1 4 4 M.,i, 1 At La (7adumas Co.Deed CM t'Damns+Riser Intake 6 Pomp Station 5 L911.73) 1 11132.454 000% S - ('laeluma.Ricer hake land' S;.a!1 B►/73.1.g 900-90.7. S 10430 S 260000 1438 S 93.719 l'nmp9ter Si siem%so(In arc 5 211122 S 72.311 14138 S 26,641 Finished 94 alet Trans.nmien 1 2.111.711 S 3,460227 0.00% S - General Plant S 61300 S 15.561 1431 S 5,733 Kan Nater Tranamissinn S 612.137 S 2.460321 1411 S 906,501 Haloes Rnrn mi. 3 1.211.427 5 1960,196 000% S - Subtotal 5 1.034,671 3.3456 Renenoir:land Rcsecron Ptnprm 2 IE 07,,,- 03100 Dec 72-06414 n a 5354,501 11,311 S 130601 %%Wit a R.,r I. 2 IE 0741, 00700 Doc 76-36977 n'. 5/407257 1410 S 318.474 4500 Carmen 15• 2 1E 0741M 00900 Doc 92-063461 S 323.300 5943,353 1431 5 348.218 Vacant Pal.el• 21007,41? 01000 Doc92-063461 S 323.100 5445,353 1831 5 341.238 Haler Treatment Plant S 9.731.005 3 11.704194 000% 5 • Wake Treatment Plant land 4260 Ken0enpc IA s-p,n,.:,' 2 IE 2461, 00300 Pk 684.PO SS I.a 12.425178 14/38 S 193,597 4260 Kenitaapc%cm-parcel]• 2 IL 2461 00401 floc 79.35248 11 S271,075 1438 3 100201 Sabtotal 32,339.456 1 4245 Mapleton Dr.•(RMV) 2 15 24911 01200 Doc 89.10200 3 85000 S 509,554 18/38 5141.368 4305 Mapleton Dr.•(R MS,/ 2 SE 24911 01300 Doc 95.33429 S 190,000 S 504,459 18/31 3238.954 4315 Mapleton Dr.•(RMV) 21E 24P)1 01400 Doc89-13210 S 116,000 S 504.459 18/31 3238,954 8605 Mapleton Dr..(RMV) 2 1E 2491) 01500 Doc 89.13210 S Totals •less 2006-101190 S 16971.715 S 31,614.599 Subtotal 3719276 490 rmoAron.,.or for rhra•taopoec oe Nord a.n.rna..• ee..$es.,I1,. .....n.M.a.nsn 095 26661 Total S 4.195.614 Carecled Tigard Davin Mapleton Propern Taal.. $719,276 IMitr MTPptopert%total' 12.239156 All non-onpcm rotas 51.034.671 Tont Tlgatd Allocation- 54,093.604 Prior Paul Sc Tigard ,*2.120.158, "abort Doe- S1272.146 EXHIBIT 7 ALLOCATION OF SYSTEM IMPROVEMENT COSTS TO THE PARTIES cost of lake Oswego Tigard Improvements_ABocaton(%) Share($) Allocation(%) Share(5) Project Costs• Water Treatment Mint •38 mgd Expansion $ 74,966,399 37 16% $ 27,857,514 62.84% $ 47,108,885 River Intake Pumping Station $ 12,932,668 20/38 $ 6,806,667 18/38 5 6,126,001 Raw Water Pipeline $ 24,540,330 20/38 $ 12,915,9663 18/38 5 11,624,367 Finished Water Pipeline 5 52,856,778 'NIP to South Side of Oswego Lake $ 25,583,609 20/38 $ 13,465,057 18/38 $ 12,118,552 South Side of Oswego lake to North Side of Oswego lake $ 9,732,139 12/30 $ 3.892,856 18/30 5 5,839,283 North Side of Oswego lake to Waluga Reservoir $ 13,466,442 0% $ 500,000•' 100% 5 12,966,442 Waluga Reservoir to Bonita Pumping Station $ 4,074,588 0% 5 - 100% $ 4,074,588 Waluga Reservoir $ 8,329,497 1.7/3.5 5 4,045,756 1.8/3.5 $ 4,283,741 Bonita Pumping Station $ 8,273,901 0% 5 - 100% $ 8,273,901 Sub-Totals $ 181,900,000 38.20% 5 69,483,813 61.80% $ 112,415,760 Program Costs Program Management,Permitting,Construction Management $ 34,696,785 38.20% 5 13,254,172 61.80% $ 21,442,613 Sponsor/Staff Cost(wages,transfers,materials&services,testing) $ 13.257,000 38.20% $ 5.064,174 61 80% 5 8,192,826 SCADA System Services $ 1,861,684 38.20% $ 711,163 61.80% $ 1,150,521 legal,land Use/ROW and Other Professional Services $ 9,644,000 3820% $ 3,684,008 61.80% 5 5,959,992 Construction Contingency $ 8,437,000 38.20% $ 3,222,934 61.80% $ 5,214,066 Sub-Totals S 67,894,000 38.20% $ 25,936,000 61.80% 5 41,960,000 Total Costs $ 249,796,000 38.20% $ 95,419,800 61.80% $ 154,37S,800 • eroied war a,dodn devil+,sesnstn cteen.and ,O, na+corsongente and are presented n 2011 dation loswned rm4Poim or s oesr oni Labe Osrnegors NW de coif to Peale nos reach or 100 to Winch so Mat olnlme li.Mh cm be retied,otM^wae.le Stec Oti d*et`,Pew,t'its teach. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 16- '15 A RESOLUTION APPROVING THE FOURTH AMENDMENT TO THE WATER PARTNERSHIP INTERGOVERNMENTAL AGREEMENT BETWEEN LAKE OSWEGO AND TIGARD REGARDING WATER SUPPLY FACILITIES, DESIGN, CONSTRUCT IION, AND OPERATION TO INCLUDE REPLACEMENT OF THE ROOF AT WALUGA RESERVOIR NO. 1. WHEREAS, on August 6, 2008, the Parties executed the Intergovernmental Agreement Regarding Water Supply Facilities,Design,Construction,and Operation ("Agreement");and WHEREAS, the Agreement contains various exhibits identifying the assets to be constructed with the Initial Expansion and the allocation of costs of those assets to the Parties;and WHEREAS, the Agreement provides that from time to time exhibits may be revised or new exhibits added based upon further evaluation and studies;and WHEREAS, further evaluation and studies have occurred and the Parties agree that certain exhibits should be amended to reflect this updated information. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that SECTION 1: The Mayor is authorized to sign the fourth amendment to the Agreement in the form attached hereto as Exhibit'A,'and revising Exhibit 7 to the Agreement. SECTION 2: This resolution is effective immediately upon passage. PASSED: This 5—!1."`day of Ot:--1G 'tr 2016. r . Mayo#City of Tigard ATTEST: City Recorder-City of Tigard ,t RESOLUTION NO. 16- `I S" Page 1 EXHIBIT 7 1,,h,ihit A ALLOCATION OF SYSTEM IMPROVEMENT COSTS TO THE PARTIES lake Oswego Tigard Cost of Improvements . Allocation(%) Share(5) Allocation(%) Share($) Project Costs' Water Treatment Plant 1 38 mgd Expansion 574,966,399 37 16% 527,657,514 62.84% 547.108,885 River intake Pump Station 512,932,668 20/38 56,806,667 18/38 56,126,001 Raw Water Pipeline 524,540,330 20/38 512,915,963 18/38 511,624,367 Finished Water Pipeline 552,856,778 WTP to South Side of Oswego Lake 525.583,609 20/38 513,465,057 18/38 512,118,552 South Side of Oswego Lake to North Side of Oswego Lake 59,732,139 12/30 53,892.856 18/30 55,839,283 -North Side of Oswego Lake to Waluga Reservoir 513,466,442 0% 5500,000" 100% $12,966,442 -Waluga Reservoir to Bonita PurnpingStation54,074,588 0% 100% $4,074,588 Waluga Reservoir*2 58,329,457 1.7/3.5 54,045,756 1.8/3.5 $4,283,741 Bonita Pumping Station 58.273,901 0% 100% 58,273,901 Waluga Reservoir al-Roof Replacement 51,903,000 50% 51451,500 50% 51,451,500 Sub-Totals 5184,802,573 38.20% 570,594,583 61.80% 5113,867,260 Program Costs Program Management,Permitting,Construction Management 534,696,785 38 20% 513,254,172 61 80% 521,442,613 Sponsor/Staff Cost(wages,transfers,materials&services.testing) 513.257,000 38.20% 55,064.174 61.80% 58,192,826 SCADA System Services 51,861,684 38.20% 5711,163 51 80% 51,150,521 Legal,Land Use/ROW and Other Professional Services 59,644,000 38.20% 53,684,008 61.809E 55,959,992 Construction Contingency 58,437,000 38.20% 53.222.934 61.80% 55,214,066 Sub-Totals 567,896,469 38.20% 525,936,451 61.80% 541,960,018 Total Costs 5252,699,042' 38.20% 596,531,034 61.80% $156,168,008 ' -Protect costs include design,construction,and mitigation contingency and are presented in 2014 dollars(assumed mid-point of construction). r ''• Lake Oswego's halt of cost to upsrze this reach of GWP to 36-inch so that existing 18-inch can be retired;otherwise,LO pays 0%of new pipe in this,each Amendment 4 to wtergovernmentai Agreement EXHIBIT A FOURTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES, DESIGN, CONSTRUCTION, AND OPERATION THIS FOURTH AMENDMENT to Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction and Operation (Fourth Amendment) is effective this day of 2016, by and between the City of Lake Oswego (Lake Oswego) an Oregon municipal corporation, and the City of Tigard (Tigard), an Oregon municipal corporation. Lake Oswego and Tigard may also be referred to individually herein as a "Party" and collectively as "Parties." Recitals WHEREAS, on August 6, 2008 the Parties executed an Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction and Operation (Agreement); and WHEREAS, since the execution of the original Agreement,the Parties have identified the need for an additional capital project to replace a roof on an existing water storage reservoir ("WR1"); and WHEREAS, the Parties have concluded that it is in the best interests of both to share in the cost to replace the roof and to jointly fund the ongoing operating and maintenance cost of WR1; and WHEREAS, Exhibit 7 to the Agreement setting forth an allocation of system improvement costs to the parties requires adjustment reflecting the changes described in these recitals; NOW, THEREFORE, THE PARTIES AGREE TO THIS FOURTH AMENDMENT AS FOLLOWS: Section 1. Revision of Exhibits. Exhibit 7 (Allocation of System Improvement Costs to the Parties) is revised to read as set forth in attached Exhibit 7. Section 2. Entire Agreement. Except a specifically amended by this Fourth Amendment, the Agreement dated August 6, 2008 as subsequently amended by the first Amendment, Second Amendment, and Third Amendment remains in full force and effect. SIGNATURE LINES TO FOLLOW Fourth Amendment to IGA— Lake Oswego-Tigard Water Partnership 1iP ge EXHIBIT A IN WITNESS WHEREOF the Parties have dated and signed this Agreement City of Lake Oswego City of Tigard Mayor Dated Mayor Dated ATTEST: ATTEST: City Recorder Dated City Recorder Dated APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney Dated City Attorney Dated Fourth Amendment to IGA— Lake Oswego-Tigard Water Partnership 21Page EXHIBIT_6_ AMENDED AND CORRECTED TIGARD BUY-IN Amendment No. 5 Additional Tigard Net Tigard Tigard buy-in buy-in at 18/38 less Original Cost Reproduction Allocation% at 18/38 prior payment(a), Asset Tax Map Tax Lot Clackamas Co.Deed COat* 14/38 Clackamas River Intake Land* 2 2E 20CA 15001 Bk 173,Pg 900-902 $ 10,450 $ 260,000 18/38 $ 123,157.89 Subtotal $ 123,158 $27,369 Waluga Reservoir:Land Reservoir Property 2 1 E 07 AD 03100 Doc 72-06414 n/a $354,508 18/38 $ 167,925 $0*• Waluga Res#1* 2 1E 07AD 00700 Doc 76-36977 n/a $1,407,287 18/38 $ 666,610 $0** 4800 Carmen Dr* 2 1E 07AD 00900 Doc 92-063461 $ 323,300 $945,353 18/38 $ 447,799 $0** Vacant Parcel* 2 I E 07AD 01000 Doc 92-063461 $ 323,300 $945,353 18/38 8 447,799 $0** Water Treatment Plant Land 4260 Kenthorpe Way-parcel 1* 2 I E 24BD 00300 Bk 688,Pg 581 n/a $2,425,478 18/38 $ 1,148,911 $255,314 4260 Kenthorpe Way-parcel 2* 2 1 E 2413D 00401 Doc 79-35248 _ n/a $271,975 18/38 $ 128,830 $28,629 Subtotal $3,007,872 Totals I I I I $ 657,050 $ 6,609,953 S 3,131,030 $311,312 'Net reproduction cost for these properties arc based on an appraisal conducted by Integra Really Resources(July 2008). `"Additional buy-in amounts zeroed out reflecting Tigard contribution to Waluga#1 roof replacement. City Council Update Jan 2018 SUPPLEMENTAL PACKET Chamber Update FOR I �_G -2 o I (DATE OF MEETING) Leadership Tigard ev)d (4-Pvk_ Gov't Day was held today, met with Mayor, Council members, learned about City's budget, how City works with other jurisdictions,facts about the city, Billing, utilities, etc. Education,Advocacy,& Building a Strong Local Economy • 1/10/18—Noon—Leverage and Learn—Educational How to's using your Chamber Membership • 1/17/18—1:15 p.m.—Gov't Affairs and Public Policy Committee • 1/23/18 7:30-8:45 a.m.—Invest in U-Using a SWOT(Strengths,Weakness, Opportunities, Threats)analysis on your business • 8 businesses have joined the chamber in the last month Networking/Visibility Good Morning Tigard (GMT),Thursday A.M. Networking 7:30 a.m.—Weekly 1/11/18—Hosted by The Transformative Leader @ the Broadway Rose 1/18/18—Hosted by Whole Body Health Physical Therapy at their location 1/25/18—Hosted by the Tigard Chamber @ the Tigard Chamber 2/1/18—Hosted by Izumi Japanese Restaurant @ their location G.E.T. Connected After Hours hosted by Attwell off Main 1/16/18 5-630 p.m. Details at http://business.tigardchamber.orgj'events/calendar/follow us on Twitter @tigardchamber Tigard Farmers Market Update 1/27/18—2-4 p.m.Chalkboard Workshop—The Tigard Farmers Market has partnered with Letters & Dust for a chalkboard workshop. Come learn how to do beautiful chalkboard art with lettering and accents and take home your chalkboard. Great for restaurants, retail, and residents! Registration required, $45 includes instruction and all supplies. We are beginning planning for our 2018 season. We welcome input from members of council and the community at large. Vendor applications will be accepted beginning 1/15/18. Follow us on Facebook at tigardfarmersmarket and on Twitter @tigardfarmers TDA Downtown Updates • Several new businesses are coming to downtown—We hear we will be getting a realtor, barbershop and a bakery on the bottom floor of the renovated bike shop building. Find us on Facebook at <ploredowntowntigard and at www.exploredowntowntigard.com. Follow us on Twitter @Tigarddowntown and on Instagram at downtowntigard TI+GARD LeadershipTigard IP F� R�s CF;AMs:a of COmmEtrk 9 T SUPPLEMENTAL PACKET FOR ' (DATE OF MEETING) Agehd4- ( ¢-ew► ,P -D `� ,'` �`N'``"* Tigard PD Strategic Dashboard r., all' )1-1 For December 2017 `� , T�ronxu �� 2016 Population Estimate: 51,253 (Adopted Budget FY 2017-2018) Crime Snapshot Selected Group A Offenses Dec 2016 Dec 2017 %Chg 2016 YTD 2017 YTD %Chg Person Crime 34 42 • 23.53% 350 423 • 20.86% Assault 18 29 •1 61.11% 239 318 • 33.05% Robbery 7 7 • 0.00% 39 40 • 2.56% Property Crime 182 195 • 7.14% 2210 2197 0 -0.59% Burglary-Residential 5 11 • 120.00% 65 84 • 29.23% Burglary-Business 3 3 • 0.00% 31 44 • 41.94% Burglary-Other 2 0 -100.00% 22 44 • 100.00% UUMV 12 10 -16.67% 93 96 * 3.23% Theft 107 113 (, 5.61% 1359 1194 -12.14% Vandalism 16 14 C -12.50% 299 265 -11.37% Societal Crimes 50 59 • 18.00% 482 483 41 0.21% DUII 13 20 • 53.85% 84 109 • 29.76% Drug Offense 10 19 • 90.00% 172 167 ( -2.91% Disorderly Conduct _ 8 3 ei -62.50% 42 43 • 2.38% Calls for Service Dec 2016 Dec 2017 %Chg 2016 YTD 2017 YTD %Chg Dispatched Calls 1686 1700• 0.83% 19963 21016 • 5.27% Self Initiated Calls 1361 1706• 25.35% 18443 19710 • 6.87% Response Time Priority 1 &2 6.33 5.95 -6.00% 6.23 6.23 • 0.00% Priority 3 9.62 10.68, --. 11.02% 9.9 10.72 • 8.28% Priority 4+ 9.43 9.07 -3.82% 10.03 10.43 • 3.99% Community Snapshot Community Concerns - *Criminal Mischief in area of 100th south of McDonald *Ascension Dr.Neighborhood traffic issues *Suspicious persons in area of Ascension and Mistletoe *Community providing tips to PD in response to stranger- *Transient camp removal and clean-up on private property(Tigard/Katherine St area) danger incident on 1/3/18 Community Outreach and Events (attendees) Upcoming Events *Christmas For Kids 12/6/17(400) *CCU-Active Shooter Training at NW Preferred Credit Union *Monthly Landlord Forum 12/13/17 (45) *Loss Prevention Mtg-Washington Square Mall *Coffee With a Cop 12/14/17(30) *Organized Retail Crime Blitz 12/14/17 *I Can Do This!Safety class for kids 12/16/17(30) *Monthly Landlord Forum 1/10/18(45) *Chief Holiday Book Reading at CPAH(25) *Person Crime-Assault,Homicide,Robbery,Kidnap,Forcible/Non-Forcible Sex Offense *Property Crimes-Arson,Bribery,Res Burglary,Bus Burglary,Oth Burglary,Forgery,Vandalism,Embezzle,Fraud,Theft,UUMV,Bad Check *Societal Crimes-Drug Offense,Prostitution,Weapons,Curfew,DisCon,DUII,Family Offense,Liqour Laws,Peeping Tom,Trespass Page 1 of 4 _.<-.„7,„N„-- ,_ Tigard PD Strategic Dashboard % -al.7 . 'y L For December 2017 4 ,',?: `' T„u 16�n ,�,,� 2016 Population Estimate: 51,253 (Adopted Budget FY 2017-2018) Employee Snapshot Department Staffing Information Actual Budget %Budget Sworn 70 72, 97% Non-Sworn 16.5 16.5 100% Total Number of Personnel 86.5 88.5 98% Patrol Officer Staffing 33 351 Personnel Unavailable for Work Patrol All Other 1 Overall #of Recruits in Pre-Academy - - - #of Recruits in Academy 2 - 2 #of Recruits in Fi'lP 1 - 1 #of Personnel on Extended Sick Leave 1 1 2 #of Personnel on Military Leave - - - #of Personnel on T.ight Duty 2 - 2 #of Personnel on Administrative Leave - - - Total Personnel Unavailable to Work during some Period during the Month 6 1 7 Total Officers Available to work PATROL some period during the Month 27 Operational Effectiveness Snapshot Budget Information is based on the best available data. FY 2016-2017 Budget FY 2017-2018 Budget Percent YTD Status Percent YTD Status Department Budget Actual Budgeted Actual Budgeted Administrative 54% 50%r 4% 45% 50% ` -5% Operations 47% 50% -3% 47% 50% -3% Services 47% 50% -3% 51% 50%r 1% Total Department Budget 48% 50%', -2% 48% 50% -2% Budget Information is based on the best available data. FY 2016-2017 FY 2017-2018 gBudget Percent YTD Percent YTD Status Status Department Overtime Actual Budgeted Actual Budgeted Administrative 46%r 50% -4% 47% 50% -3% Operations 66% 50% 16% 33% 50% -17% Services 40% 50% -10% 55% 50% . 5% Total Overtime I 571)/0 50% '' 7% 38% 50% -12%. Page 2 of 4 .`:' 1'`:x,1"'''�• Tigard PD Strategic Dashboard For December 2017 ,_ 6.k....r )1 '; numm /.." 2016 Population Estimate: 51,253 (Adopted Budget FY 2017-2018) .11s ery ce - 5 Year Trend 111111Milla TIGARD DISPATCHED TIGARD SELF INITIATED 21016 26088 i ',,„.. 23065 19963 21347 'w.. i 19476 ......18443 19710 19295 tai 18116---1s101 I 1 1 1012 7013 2011 2015 2016 2017 2012 2013 2014 2015 2016 2017 Response Times - 5 Year Trend PRIORITY 1-2 PRIORITY 3 6.12•"m...."623 623 ,10.72 5.18 5,15........"..,,..3 .......•"""""953 yam..93 6.67 I 7.93 735"'" 1 2032 2013 2014 2015 2014 2017 2012 2013 2014 2015 2016 2017 Priority1= PRIORITY 44 Priority 3 = Imminent threat to life Urgent call where crime ,,,....-10.3 10.03 9.3B -----10.43 prevention is needed I Priority 2= Immediate threat to life,occuring now Priority 4+ = Cold crimes or public assistance VOW 2012 2013 2014 2013 .Ib 1011 Page 3 of 4 `" Ti and PD Strategic Dashboard F: 1701 I(y R;f�;i For December 2017 ;-,I =1 ////JJ' 2016 Population Estimate: 51,253 (Adopted Budget FY 2017-2018) ails For Sere A y Month PUBLIC DEMAND 1fpIU I 1 i Calls For Service '' 1 ?.745 1%;,C E 4;36i '2a 1�'a 1i.�7 4,L 1001k n JAN EER MAR APR MAV JUNE JULY AUG SEPT OCT NOV DEC SELF INITIATED 1763 1015 1%15 15=11 "I.._ imp 1697 .6+10 .. 1E, .; 1/06 16001 1 J.JUIf 15951 1,100 1100 1877 1000 A101 YOU 400 1O1 fl JAN EFS MAR APR MAY JUNE JULY AUG SEPT OCT NOV EJE1: Tracking Code Ca Aii The tracked counts of these have all increased, Each involves multiple Overdo Null Null 2 10 12 officers,evidence processing,and trips to POH 134 133 124 116 139 hospitals in some cases. Suicide Null Null 3 4 8 Att. 35 27 59 30 65 DHS referrals and cases of allegations of abuse to an elderly or mentally challenged victim end up in the caseload DHS 366 381 477 422 546 of Detectives and SRO's. Vulnera 35 37 19 26 44 Domestic Violence reports have MITI 17 +Yr L' 1 L—Zili VEll doubled in 5 years and we haven't Dom 130 126 98 75 127 even completed 2017 yet. 1 DV No NULL NULL 48 99 141 I Total 130 126 146 174 268 Page 4 of 4 AGENDA ITEM NO. 2 E- CITIZEN COMMUNICATION DATE: January 9, 2018 (Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda and items on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS &PHONE TOPIC STAFF 11 Please Print CONTACTED Name: /4 /-7, T C i i Na lr I Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address l 4-5 gO S ' /2 611-1 , fir l,' City ? 1 (: /Z P State CP R. Zip c1 Phone No._ 0 3 1 6 R T l l A{ Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION 1:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignop\2018\citizen communication 180102.doc ffimeb - • ID Q 1-4 r "'+, ... ' ' ,-..... -,- _. -.-AIF eli - D „,.._ :_ _i _ - ._,....., - , , I _ .06. __. ltrijille maiL __, ..__ * A CD ... o` rw Off 4 �- !b c .440 = all ,E► pl GMf�7 =3. coo p ma 0 T M- g co, ^ ' o CI_ ' c 0 p - O -.0 = = I. cc, e Vc off. - p .a CO V. = 5. YC n o 0 a cid as C Vp!4-0 p O_ Q �� !iv.. t„� ,! x • +�` y co. C rn = c..2. a T. =. ci: = ea- -- fi C se ea �., _ op rte.. c —tee eo ....:t.it,„:::::: -,0:, , gm. =_ CO eci = coo a cm ti`.' < ,?:'3,-1'` ' aUUli ' h • CEO iiii S, S. CD Ct. Q t In- o n .1 > Cif) C 1-4 tri co M +C o M0 V) Z } D r.. ....-4,d 7d b szi 0;11,.. con 0 I--3 0 till C) 7 0Z Z :1-s.c. ,..i z tt cad tri v., li, � n m1 M 1- N I ..z'l AIS-3388 3.A. Business Meeting Meeting Date: 01/09/2018 Length (in minutes):Consent Item Agenda Title: Receive and File: Council Calendar and Tentative Agenda Submitted By: Carol Krager,Central Services Item Type: Receive and File Meeting Type: Consent- Receive and File Public Hearing: No Publication Date: Information ISSUE Receive and file the Council Calendar and the Tentative Agenda for future council meetings. STAFF RECOMMENDATION /ACTION REQUEST No action is requested;these are for information purposes. KEY FACTS AND INFORMATION SUMMARY Attached are the Council Calendar and the Tentative agenda for future Council meetings. OTHER ALTERNATIVES N/ \ COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A - Receive and File Items Attachments Council Calendar Tentative Agenda MEMORANDUM T I GARD TO: Honorable Mayor& City Council FROM: Carol A. Krager, City Recorder RE: Three-Month Council Calendar DATE: January 2,2018 Below is a listing of council meetings for the next three months. Regularly scheduled Council meetings are marked with an asterisk(*). January 2* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 9* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 15 Monday Martin Luther King Day Holiday—City offices closed;Library open 16* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 23* Tuesday Council Business Meeting—6:30 p.m.,Town Hall February 6* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 12 Monday Council Outreach at Summerfield Clubhouse, 10650 SW Summerfield Dr.,6-8 p.m. 13*Tuesday Council Business Meeting—6:30 p.m.,Town Hall 19 Monday Presidents'Day Holiday—City offices closed;Library open 20* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 27* Tuesday Council Business Meeting—6:30 p.m.,Town Hall March 6* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 13*Tuesday Council Business Meeting—6:30 p.m.,Town Hall 20* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 27* Tuesday Council Business Meeting—6:30 p.m.,Town Hall is\adm\city council\council calendar\3-month calendar word format.doc Meeting Banner 0 Business Meeting 0 Study Session 4 Special Meeting Consent Agenda 0 Meeting is Full Workshop Meeting 0 City Council Tentative Agenda 1/2/2018 9:49 AM - Updated Form Meeting Submitted Meeting Inbox or ----- Title- Department Date By Type Finalized I I Total Time: 100 of 100 Minutes Meeting Closed 3309 01/16/2018 Kelly AAA January 16, 2018 Workshop Meeting Burgoyne 3272 01/16/2018 Liz Lutz CCWKSHOP 1 45 Minutes - Second Quarter Budget Committee Finance and Kang S, Senior Management Meeting Information Analyst Services 3302 01/16/2018 Schuyler CCWKSHOP 2 20 Minutes - Development Code Policy and Community Warren S, Associated Planner Warren Procedures Phase II Update Development 3335 01/16/2018 Marissa CCWKSHOP 3 30 Minutes - Update on Stormwater Master Plan Public Works Faha L, City Engineer Grass 3366 01/16/2018 Joanne CCWKSHOP 4 25 Minutes - Council Goal Review and City Bengtson J, Exec Asst to City Bengtson Discussion for 2018 Management Mgr Total Time: 120 of 180 Minutes Scheduled - MEETING CLOSED 3310 01/23/2018 Kelly AAA January 23, 2018 Business Meeting Burgoyne Mayor Cook Absent 3339 01/23/2018 John ACCSTUDY 20 Minutes - Willamette Water Supply Project Public Works Goodrich 3, Division Manager Goodrich Intake Structure Allocation Proposed Agreements 3373 01/23/2018 Kelly ACCSTUDY 15 Minutes - Council Liaison Reports Central 12/07/2017 Burgoyne Services Total Time: 35 of 45 Minutes Scheduled 3368 01/23/2018 Carol Krager CCBSNS 1 10 Minutes - LCRB - Placeholder Finance and Barrett J, Sr Mgmt Analyst Information Services 3228 01/23/2018 John CCBSNS 2 10 Minutes - Willamette Water Supply Project Public Works Goodrich J, Division Manager Goodrich Intake Structure Allocation Proposed Agreements 3340 01/23/2018 John CCBSNS 3 15 Minutes - Adoption of Lake Oswego - Tigard Public Works Goodrich J, Division Manager Goodrich Water Treatment Plan Operation Plan 1 I ate is\adm\city recorders\tentative agenda\december 26,2017.docx Meeting Banner 0 Business Meeting 0 Study Session a Special Meeting Consent Agenda 0 Meeting is Full Workshop Meeting 0 City Council Tentative Agenda 1/2/2018 9:49 AM - Updated 2920 01/23/2018 John CCBSNS 4 10 Minutes - Willamette Water Supply Project Public Works Goodrich J, Division Manager Goodrich Intake Structure Allocation 3343 01/23/2018 Kent Wyatt CCSBSNS 5 15 Minutes - Finalize the 2017 Federal and State City Wyatt K, Management Analyst Legislative Agenda Management 3345 01/23/2018 Steve Kang CCBSNS 6 20 Minutes - Informational Public Hearing to Finance and Kang S, Senior Management Consider Approval of Resolution for the FY2018 Information Analyst Second Quarter Supplemental Budget Services 3367 01/23/2018 Sean Farrelly CCBSNS 7 10 Minutes - Consider Resolution for Local Community Farrelly S, Redev Project Administration of Vertical Housing Development Development Manager Zone Total Time: 90 of 100 Minutes - MEETING CLOSED 3311 02/06/2018 Kelly Burgoyne AAA February 06, 2018 Business One Meeting l I 3385 02/06/2018 Carol Krager CCBSONE 1 5 Minutes - Consider Resolution Appointing a Finance and Barrett J, Sr Mgmt Analyst Member to the Committee for Community Information Engagement Services 3348 02/06/2018 Kelly Burgoyne CCBSONE 2 10 Minutes - LCRB - Placeholder Finance and Barrett J, Sr Mgmt Analyst Information Services 3383 02/06/2018 Kelly Burgoyne CCBSONE 3 45 Minutes - Consideration of Local Option Levy City Marty W, City Manager Referral - Placeholder ,Management 3384 02/06/2018 Sean Farrelly CCBSONE 4 10 Minutes - TCDA Board Consideration of a Community Krager C, City Recorder Minor Amendment to the City Center Urban Development Renewal Plan Total Time: 70 Minutes of 180 Minutes Scheduled I I 02/07/2018 February 7, 2018 State of the City Address - Broadway Rose Theatre, 12850 SW Grant Ave, Tigard (Time: TBA) 2 I 1' c is\adm\city recorders\tentative agenda\december 26, 2017.docx Meeting Banner Business Meeting 0 Study Session Special Meeting 111 Consent Agenda Meeting is Full Workshop Meeting 0 City Council Tentative Agenda 1/2/2018 9:49 AM - Updated 02/12/2018 February 12 - City Council Winter Outreach - Summerfield Clubhouse, 10650 SW Summerfield Dr (6p.m. - 8 p.m.) 3312 02/13/2018 Kelly Burgoyne AAA February 13, 2018 Business Meeting 3374 02/13/2018 Kelly Burgoyne ACCSTUDY 15 Minutes - Council Liaison Reports Central 12/07/2018 Services Total Time: 15 Minutes of 45 Minutes Scheduled 3349 02/13/2018 Kelly Burgoyne CCBSNS 1 10 Minutes - LCRB - Placeholder Finance and Barrett J, Sr Mgmt Analyst Information Services 3365 02/13/2018 John Goodrich CCBSNS 2 15 Minutes - Willamette Water Supply Project Public Works Intake Structure Allocation Proposed Agreement 3378 02/13/2018 Carol Krager CCBSNS 3 30 Minutes - Consideration of Local Option Levy City Marty W, City Manager Referral Management Total Time: 55 Minutes of 100 Minutes Scheduled I I 3313 02/20/2018 Kelly Burgoyne AAA February 20, 2018 Workshop Meeting I I 3314 02/27/2018 Kelly Burgoyne AAA February 27, 2018 Business Meeting 3336 02/27/2018 Marissa Grass CCBSNS 1 20 Minutes - Consider a Resolution to Adopt the Public Works Faha L, City Engineer Stormwater Master Plan 3350 02/27/2018 Kelly Burgoyne CCBSNS 2 10 Minutes - LCRB - Placeholder Finance and Barrett J, Sr Mgmt Analyst Information Services 3379 02/27/2018 Carol Krager CCBSNS 3 30 Minutes - Consideration of Local Option Levy City Marty W, City Manager Management Total Time: 60 Minutes of 100 Minutes Scheduled 3315 03/06/2018 Kelly Burgoyne AAA March 06, 2018 Business One Meeting 3 at; e is\adm\city recorders\tentative agenda\december 26,2017.docx Meeting Banner Business Meeting ❑ Study Session Special Meeting I Consent Agenda Meeting is Full Workshop Meeting City Council Tentative Agenda 1/2/2018 9:49 AM - Updated 3351 03/06/2018 Kelly Burgoyne 1CCBSONE 1 10 Minutes - LCRB - Finance Barrett J, Sr Mgmt Analyst Placeholder and Information Services Total Time: 10 Minutes of 180 Minutes Scheduled I I 3, 16.03/13/2018 Kelly Burgoyne AAA March 13, 2018 Business Meeting I I 3352 03/13/2018 Kelly Burgoyne CCBSNS 1 10 Minutes - LCRB - Finance Barrett J, Sr Mgmt Analyst Placeholder and Information Services Total Time: 10 Minutes of 100 Minutes Scheduled I _ I 3317 03/20/2018 Kelly Burgoyne AAA March 20, 2018 Workshop Meeting Total Time: 0 Minutes of 180 Minutes Scheduled I � 3318 03/27/2018 Kelly Burgoyne AAA March 27, 2018 Business Meeting I 1 3353 03/27/2018 Kelly Burgoyne CCBSNS 1 10 Minutes - LCRB - Finance Barrett J, Sr Mgmt Analyst Placeholder and Information Services Total Time: 10 Minutes of 100 Minutes Scheduled Council Confirmed Travel&Vacation Dates: Mayor Cook January 23-26 (US Conference of Mayors) Marty Wine January 24—February 3 (Vacation) 4 I Page is\adm\city recorders\tentative agenda\december 26,2017.docx AIS-3346 4. Business Meeting Meeting Date: 01/09/2018 Length (in minutes): 10 Minutes Agenda Title: Consider Purchase of Public Works Truck Chassis Prepared For: Joseph Barrett Submitted By: Kelly Burgoyne, Central Services Item Type: Motion Requested Meeting Type: Council Update,Discussion,Direct Staff Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board authorize the purchase of multiple replacement vehicles for the Public Works Department? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board authorize the purchase of the replacement vehicles for the Public Works Department from Landmark Ford through a permissive cooperative procurement under a State of Oregon contract. KEY FACTS AND INFORMATION SUMMARY The City's Public Works Department needs to replace four(4) trucks currently in service to the Water and Stormwater divisions. These vehicles meet one or more of the city's three-pronged criteria for replacement: age,mileage, and maintenance requirements. Details on the vehicles and what they are replacing are as follows: Water Purchase: 2018 Ford F-550 Diesel to be fitted with a service body w/crane and air compressor with a 6Kw generator. Total Cost of F-550 Chassis = $44,936. Body Estimate (to be procured in separate solicitation) = $72,600. Replacing: Vehicle 03-091 -a 2003 Ford F-550 with a service body w/crane and generator. Purchase: 2018 Ford F-350 to be fitted with a service body. Total Cost of F-350 Chassis = $32,928. Body Estimate (to be procured in separate solicitation) = $19,000. Replacing: Vehicle 04-006 - a 2004 Ford F-350 with a service body. Stormwater Purchase: 2018 Ford F-550 to be fitted with a service body. Total Cost of F-550 Chassis= $37,383. Body Estimate (to be procured in separate solicitation) = $42,000. Replacing: Vehicle 04-008 -2004 Ford F-550 with a service body. Purchase: 2018 Ford F-350 to be fitted with a service body. Total Cost of F-350 Chassis = $32,928. Body Estimate (to be procured in separate solicitation) = $20,100. Replacing: Vehicle 05-022 2005 Ford F-350 with a service body. The total cost of these chassis is $148,175 and they are budgeted through the Water and Stormwater Funds. As with the majority of the vehicles in the city's fleet,the truck chassis will be purchased through an existing State of Oregon contract with Landmark Ford that is open to a permissive cooperative purchases. Such a purchase is authorized under Tigard Public Contracting Rule 10.085 and ORS 279A.215. This manner of purchase assures the city receives competitive pricing via bulk volume and saves the city the cost and time of preparing a formal solicitation that would likely lead to higher pricing. The total cost of the bodies to be built on the chassis,and procured through a separate solicitation,is estimated to be just over$150,000. Staff intends to issue an Invitation to Bid in the coming weeks for this portion of the build and will bring that contract before the Local Contract Review Board at a future meeting. The total cost of all vehicles,chassis and bodies,is estimated at just over$300,000. OTHER ALTERNATIVES The Local Contract Review Board may reject the cooperative purchase and direct staff to issue an Invitation to Bid for the chassis. This would likely lead to a higher cost as the city would lose out on the buying power of a multi-agency contract. COUNCIL OR CCDA GOALS, POLICIES,MASTER PLANS N/A DATES OF PREVIOUS CONSIDERATION This is the first time the Local Contract Review Board has reviewed this potential purchase. Fiscal Impact Cost: $148,175 Budgeted (yes or no): Yes Where Budgeted (department/program): Water and Stormwater Funds Additional Fiscal Notes: The total cost of the four truck chassis is $148,175. There are available appropriations in the FY 2018 budget that are broken out as follows: Water Fund = Two Chassis at a cost of$77,864. The Water Division has $173,340 available in their operational budget for vehicles. Stormwater Fund =Two Chassis at a cost of$70,311. The Stormwater Division has $341,025 available in their operational budget for vehicles. Attachments No file(s)attached AIS-3342 5. Business Meeting Meeting Date: 01/09/2018 Length (in minutes):20 Minutes Agenda Title: Discuss the City's 2018 Federal and State Legislative Priorities Prepared For: Kent Wyatt,City Management Submitted By: Kent Wyatt, City Management Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Mtg- Study Sess. Public Hearing: No Publication Date: Information ISSUE Discuss federal and state legislative priorities for 2018. STAFF RECOMMENDATION / ACTION REQUEST The city council should review the 2017 legislative agendas and propose changes or updates to the 2018 legislative agenda. KEY FACTS AND INFORMATION SUMMARY The city council develops a federal and state legislative agenda each year. (A copy of the 2017 federal and state legislative agenda is included with this agenda item.) The council and staff will use the legislative agendas to communicate with elected officials and agencies during trips to Salem and Washington,DC. Oregon lawmakers will head to Salem in February for a short session. The League of Oregon Cities does not issue legislative priorities for a short session. A few significant issues impacting local government are attracting attention for the 2018 session,including: •Metro Affordable Housing Measure- The legislature will consider asking voters to approve a constitutional amendment to allow local governments to partner with private businesses on affordable housing projects funded by general obligation bonds. •Budget Crisis -Governor Brown is expected to propose options to solve the structural deficit issues Oregon faces. •Paid Family Leave -Proposed legislation would give Oregon employees up to 12 weeks of paid leave to care for themselves or family members. In Washington,DC,Congress is expected to begin discussions about President Trump's proposed infrastructure package. The package includes$200 billion in federal spending with$100 billion for infrastructure projects to be distributed to the 50 states. City staff is developing a list of projects that would fit the criteria outline in the infrastructure package. During this agenda item, staff will provide the latest information on proposed federal and state legislation. OTHER ALTERNATIVES Elect to not set legislative priorities. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments 2017 Federal Legislative Agenda 2017 State Legislative Agenda City of•Tigard,Oregon SUCCESSFUL 2016 AGENDA ITEMS %4,.,,— .., 2017 Hunziker Industrial Core Federal Legislative Agenda Tigard secured$2.1 million in EDA grant funding to it43, CD V Mk improve public infrastructure and increase development ?s — capacity in the Hunziker Industrial Park.The Hunziker Portland I. Infrastructure Project initially includes$5.7 million of r' s s' roadway,water,sewer and storm water improvements -�-- that will support more than$32 million in private ,,; N_, investment.Development of commercial/industrial sites Beaverton with adequate infrastructure and proximity to N o transportation and regional markets will support 150 to \5 m T •_,. , >: .... 300 jobs,depending on the size of private investment ,• • -y- _ 1` and tenant mix.Construction is set to begin in 2017. •rt t i ,,.; Tigard ( i ...„ Downtown Tigard Brownfield Cleanup �� 1, Tigard secured$400,000 in EPA Brownfield Cleanup .1 OsweLakgo o Grant funding to revitalize two downtown properties for 9 AYw. 4. productive reuse.For several years,the City of Tigard and � ' �'�, ���` # community members have envisioned a more vibrant and =ii# Tualatin prosperous downtown and have developed detailed _ ., improvement plans.Cleanup will begin in 2017. --1-205 - y �: Tigard,Oregon Bordering the city of Portland, For more information... ti: . 3 Tigard is Oregon's 12th largest city with a population More information about these projects and Tigard's t~ - vision for the future can be found on our website at *� � ` of 50,044.The city is largely residential and offers a www.tigard-or.gov.Please don't hesitate to contact us - .. `' _± mix of industrial,commercial and retail space which for additional information. `'S . lac fjek results in a daytime population around 100,000. - - Key Contacts: Because of the demand placed on its transportation, ;N. water and public safety resources,Tigard faces big-city Mayor 8o 6 Cook 503-718-22 n 476 I mayorcook@tigard-or.gov infrastructure issues. ' City Manager Marty Wine V • Late in 2014,the City Council adopted a strategic 503-718-2486 I marty@tigard-or.gov plan to become"the most walkable community in the Senior ManagementAnalyst Kent Wyatt ® a Pacific Northwest where people of all ages and abilities 503-718 2809 I kentw@tigard-or.gov Y Fc ® �nzs.A.�E"' enjoy healthy and interconnected lives."This 20-year - : , strategic vision,along with four strategic goals,will provide guidance and direction for the city's priorities q City of Tigard 1Q b. °' over the long term by leveraging and building on our 13125 SW Hall Blvd.,Tigard,OR 97223 "3 strengths to grow Tigard as a thriving community. r I c 1 k n ww tigard-or.gov POLICY ITEMS W -71PRIMINIIIIIMMINIMINIMMIMIIMIRMINWIIIIIM Southwest Corridor Light Rail Project Investment Package—Infrastructure Spending provide resource information for mental and physical health, The City is supportive of the ongoing initiative to extend light President Donald Trump has proposed a ten-year, as well as assistance in overcoming barriers to employment, rail service from Portland to Tigard.Portland's southwest $1 trillion investment package to create American jobs and job and housing stability. metro area is rapidly expanding,and this project will help stimulate economic development.To date,the Trump plan provide much-needed transportation alternatives for this relies on tax credits and public-private partnerships(P3s),not Police Equipment Funding growing and increasingly congested area.The planned government spending,to spur infrastructure investment. The City strongly supports funding for additional police Southwest Corridor line would connect downtown Portland, Tigard supports including federal spending within the equipment.There are very few options at the federal level to southwest Portland,the Tigard Triangle,downtown Tigard and investment package to ensure we address the growing help police departments purchase equipment despite the fact Bridgeport Village in Tualatin.The Southwest Corridor project transportation,water and other infrastructure backlog in its that federal mandates continue to require costly upgrades. is now in the midst of a federal environmental review process community and communities around the country.The following FY 2018 Program Levels that will produce a draft Environmental Impact Statement. projects are examples of local infrastructure priorities that Maintain adequate funding levels for the Economic could benefit from an investment package: Development Administration(EDA),EPA Brownfields `� �0\t 's; Greenburg Road and Tiedeman Avenue Improvements Assessment and Cleanup,Community Development Block , . ;14~ v, This area has substantial congestion and safety issues and Grants(CDBG),the HOME Program,TIGER,Byme Justice 'P receives heavy daily traffic to and from Hwy 217,Washington Assistance Programs,and Assistance to Firefighters funding. Square,and a large commercial/light industrial employment j 7 Protect Municipal Bonds area. Improvements will include adding safe turning capacity, y, r 3 :ir 1 , The City strongly supports protecting tax exempt municipal intersection improvements,sidewalks and bike lanes. . bonds from being eliminated or limited.Since 1913,interest .: I" N Estimated Cost:$20 million �;} , I H' earned from municipal bonds issued by state and local �, ►TIgard Street Bridge Replacement governments have been exempt from federal taxation.These 14--"1 ,` I Y.r The Tigard Street Bridge over Fanno Creek needs 9bonds are the primary financing mechanism for state and local i: / r replacement.The City is implementing temporary repairs to infrastructure projects,with three-quarters of the infrastructure �;, ' 01 allow for its continued use.The ultimate replacement of this projects in the U.S.built by state and local governments,and \ . S ;. , ,�or_et narrow 2-lane structure will include bike lanes,sidewalks and with over$3.7 trillion in outstanding tax-exempt bonds,issued f:" ,M "� elevation to eliminate flooding that currently closes the bridge by 30,000 separate government units. i` ". \ '; �� 1, usually at least once a year.Estimated Cost$4 million 1!�z mirkWaters of the U.S. j 1- ►0D0T Facility Improvements in Tigard The City of Tigard is concerned about the potential impacts of The city supports interchange capacity improvements at the r gi ...:. proposed rule released by the EPA and the U.S.Army „ rar 'I 72nd/217 and 99W/217.There are substantial capacity issues Corps of Engineers that would amend the definition of"waters �° '`a " at both interchanges resulting in regular back-up onto major g of the U.S."and expand the range of waters that fall under Photo c out test/of Tile 1•_ routes for travel and freight passage in and through Tigard. federal jurisdiction. ►Fanno Creek Regional Trail FEMA and Endangered Species This trail provides a regional link for bike and pedestrian travel ,P.,,TtiN A recent National Marine Fisheries Service(NMFS)Biological from Portland,through Beaverton and Tigard to Tualatin.The ',_ Opinion concluded that FEMA must change its implementation City is working with ODOT and Metro to implement 4 key o r". of the National Flood Insurance Program in Oregon to better segments of this trail.Estimated Cost:$7 million '= protect endangered species within floodplains.NMFS's i ,* 1 recommendations,as written,would require FEMA to go Support for Homeless Assistance Grants - 40, above and beyond its legal authority,amending and issuing The city is collaborating with Just Compassion to address the new regulations that would subject 251 of 271 NFIP lack of homelessness resources in Tigard.Just Compassion,a lar= __., participating communities in Oregon to excessively restrictive registered nonprofit in Oregon,is committed to establishing a s- floodplain development standards. day shelter for homeless adults in Tigard.The day shelter will - , Oregon's 2017 Regular Legislative Session: February 1—July 10 nSen.Ginny Burdick SENATE DISTRICT 18 a 900 Court St.NE,S-213,Salem,OR 97301 — ik ii sen.ginnyburdick@state.or.us n e� .f Sen.Kim Thatcher � , , I , , , - ' -„r. a?. REPUBLICAN DISTRICT 13-KEIZER 900 Court St.NE,S-307,Salem,OR 97301 "She flies with her own wings."-Judge Jessie Quinn Thornton • sen.kimthatcher@state.or.us Rep.Margaret Doherty 1017Legis t HOUSE DISTRICT 35 ll ? r900ep Court NE,H-282,Salem,OR 97301 si rep.margareretdohertytADstate.ocus ative Agen a Rep.A.Richard Vial Tigard, Oregon REPUBLICAN DISTRICT 26 900 Court St.NE,H-484Salem,OR 97301 rep.richvial@oregonlegislature.gov kIN Tigard City Council cillZjiy N_ " a.1 Mayor Council President John Cook Jason Snider Et)k . 1 Coundlor Councilor Councilor Tom Anderson Marc Woodard John Goodhouse councilmall@tigard-or.gov ei■ City of Tigard TIGARD 13125 SW Hall Blvd.I Tigard,Oregon 97223 503.639.4171 I www.tigard-or.gov Affordable Housing Transportation • Support opportunities to meet the • Support passage of a comprehensive affordable housing needs of the transportation funding and policy package community and to improve the quality to address multi-modal needs with a of life for its low-income residents. priority of maintaining and preserving existing infrastructure. Economic Development and Land Use • Support legislative priorities that address traffic congestion, economic development • Support additional tools to facilitate and jobs. remediation of brownfields. • Support preserving urban renewal as a Other Focus Areas tool for communities. • Support legislation to grant the Metro • Advocate for legislative changes that Council authority to consolidate multi- will clarify and enhance public safety jurisdictional land use actions involving the and local control related to marijuana SW Corridor into a single decision and dispensaries. expedited land use appeal process. • Support increased resources for persons with mental health issues, especially in Finance crisis situations. • Support the restoration of full recreational • Property Tax Reform: immunity to local government. ► Support referral to voters that would • Advocate for PERS Reform that create allow local control of temporary savings opportunities as well as potential property tax outside of statewide caps; new revenue sources ► Support an amendment of the state constitution that would reset a property's Previous Legislative Support assessed value to its real market value at the time of sale or construction; • In 2015,the Legislature approved a ► Support a statutory change regarding measure,which included$1.5 million,to the way new property is added to the support public infrastructure,development tax rolls to provide the option of and private sector investment in Tigard's applying a city-wide changed property Hunziker Industrial Core creating new sites ratio to new property. for businesses and higher levels of employment. • Allow for price comparison when procuring the services of architects and engineers. • Oppose preemption of the ability of cities to manage and receive compensation for the use of public ROW. AIS-3376 6. Business Meeting Meeting Date: 01/09/2018 Length (in minutes):20 Minutes Agenda Title: Council Consideration of Intergovernmental Agreement between TCDA and City Submitted By: Sean Farrelly,Community Development Item Type: Motion Requested Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE Shall Council authorize the City Manager to sign an intergovernmental agreement (IGA) between the Town Center Development Agency and the City of Tigard for the provision of administrative and development services and loan terms between the entities? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends Council authorize the City Manager to sign the IGA. KEY FACTS AND INFORMATION SUMMARY Tigard's urban renewal agency, the Town Center Development Agency (formerly City Center Development Agency) is a distinct legal entity from the City of Tigard,as provided under Oregon statute. Most medium to large urban renewal agencies in Oregon have intergovernmental agreements (IGA) that describe the relationship and joint responsibilities between the municipality and urban renewal agency,as two separate entities working on a common goal. This kind of agreement is a best practice as it brings clarity to the respective roles of the entities. The existing 2007 IGA between the city and its urban renewal agency only addresses the terms for the City to make loans to the Agency and loan repayment. Through the annual budget process,the city has loaned funds to the Agency to implement various City Center Urban Renewal Plan projects.The Agency continues to repay those loans. A new IGA is proposed since the Tigard Triangle urban renewal plan will greatly increase urban renewal activities.The proposed IGA mainly involves the provision of administrative and development services. Much of the IGA formalizes the practices that have occurred since voter approval of the City Center Urban Renewal Plan in 2006. The IGA specifies that the City can provide administrative services to the Agency by providing staff who directly work on urban renewal projects and administrative functions. This is the most common set up for urban renewal agencies in Oregon. This work includes staffing public meetings; staff support of the Town Center Advisory Commission;record keeping;budget preparation, accounting,and financial reporting;public contracting and administration;payment of Agency obligations from Agency funds, real estate procurement and property management;project development,engineering and management; administration and implementation of the Plans economic development services;maintaining an Agency presence on the City's website and other electronic media platforms;and other duties as assigned by the Agency. The IGA would allow the city to reimbursed for staff time spent on administering urban renewal projects and programs. During the initial years of the City Center Urban Renewal District there was modest tax increment generation, so the administrative costs were not reimbursed. The Tigard Triangle Urban Renewal Plan includes administrative costs as an authorized use of urban renewal funds. Through the annual Town Center Development Agency (TCDA) budget process, the Budget Committee and TCDA Budget Committee will make recommendations on reimbursement of the costs to staff and administer the urban renewal areas.The TCDA Board retains the ultimate decision on the expenditure of urban renewal funds. During the annual TCDA budget process, the Budget Committee and TCDA Budget Committee will make recommendations on loans and loan repayments. Outside of the budget process the City can also lend funds to the Agency,with the approval of the City Council and Agency Board. Sufficient tax increment is anticipated to be generated in the Tigard Triangle and City Center Districts in 3-5 years so that bank loans or bonds will largely replace loans from the city. The proposed IGA specifies that the Agency is responsible for the oversight and management of the Plans and the urban renewal area.The City Manager serves as the Executive Director of the TCDA. The Executive Director and Agency Board retain the authority to determine that one or more services shall be provided directly by Agency or by third-parties other than City,to retain Agency staff and otherwise manage the affairs of Agency. As a separate action,the Board of the Town Center Development Agency will also be requested to authorize the TCDA Executive Director to sign the IGA. OTHER ALTERNATIVES Council could propose changes,or not authorize the signing of the IGA. COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS Tigard City Council Goals 2017-19 3.Make Downtown Tigard a Place Where People Want to Be. 5. Implement Tigard Triangle Strategic Plan. City Center Urban Renewal Plan Tigard Triangle Urban Renewal Plan DATES OF PREVIOUS COUNCIL CONSIDERATION December 5,2017- first consideration Attachments Proposed IGA 2007 IGA INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF ADMINISTRATIVE AND DEVELOPMENT SERVICES THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") entered into between the City of Tigard, an Oregon municipal corporation ("City"), and the Town Center Development Agency, an ORS chapter 457 public body ("Agency"), collectively the "Parties." RECITALS 1. Agency was duly activated as provided by law and pursuant to Tigard Municipal Code Chapter 2.64. The City Center Urban Renewal Plan was approved by City voters in 2006. In 2016, the Tigard City Council approved the Tigard Triangle Urban Renewal Plan. In 2017 the voters approved a substantial amendment expanding the Agency boundary and approved implementing the Tigard Triangle Urban Renewal Plan ("Plans"). 2. City has experience in providing administrative and development services for local governmental activities and desires, pursuant to ORS 190.010, et. seq. and ORS 457.320, to provide all services necessary and proper to assist and support Agency in carrying out its duties and responsibilities related to administering and implementing the Plans and future plans. 3. The Parties desire to have the City provide such services. This Agreement is intended to clarify the relationship between the Parties with respect to administrative services provided by the City to the Agency and various other issues related to their relationship as separate legal entities working towards common goals. The Parties agree that this Agreement may be revised or replaced in the future to reflect the evolving relationship of the parties, including the option of Agency reimbursing City for some or all of these services or providing certain services by other means. NOW, THEREFORE, THE PARTIES AGREE: Article 1: Term and Termination. This Agreement takes effect on the date last executed and continues in full force and effect until terminated by either Party providing not less than 30 days' written notice to the other Party. Article 2: City Services 2.1. City shall provide administrative and development services to Agency on an on-going as-needed basis. These may include but are not limited to: staff support for public meetings including preparing meeting notices, agendas, minutes and mailings; maintaining an Agency presence on the City's Internet site and other electronic media platforms; staff support of the Town Center Advisory Commission, record keeping; budget preparation, accounting, and financial reporting; public contracting and administration; payment of Agency obligations from Agency funds, real estate procurement and property management; project development, engineering and {00505496;2} management; administration and implementation of the Plans, and economic development services; and other duties and functions as may from time to time be required by the Agency. City shall provide such services in compliance with the laws of the State of Oregon, and in accordance with the Plans and this Agreement. City may contract with third-parties for provision of services. 2.2 City shall provide work space, equipment, supplies and such other items as City determines are necessary and appropriate to provide services to Agency. 2.3 In providing services under this Agreement, City shall comply with the Agency Plans and with any Agency policies and procedures. Unless agreed otherwise by the Parties, City policies and procedures shall apply in the absence of comparable Agency policies and procedures. 2.4 The City Manager shall serve as the executive director of Agency and may designate or appoint such other City employees to represent Agency and perform services for Agency as the City Manager deems appropriate and in accordance with City and Agency policies and procedures. 2.5 The City Attorney shall serve as general counsel for Agency unless agreed otherwise by the Parties. City or Agency may retain specialized counsel, such as bond counsel, as needed. 2.6 City shall segregate all Agency funds into one or more Agency funds in the City's accounting structure and shall be responsible for maintaining that segregation. City shall make debt service payments from Agency funds on behalf of Agency as such payments come due. City shall contract for or perform Agency annual audits as provided by law. 2.7 Personnel assigned by City to provide services under this 1GA are employees of City only and City has final and exclusive authority over decisions to hire, terminate and discipline such employees. City is solely responsible for payment of salaries, benefits, taxes, workers compensation and all other employer obligations, subject only to any obligation of the Agency to reimburse City. Article 3. Agency Obligations. 3.1 Notwithstanding the services provided by City, Agency remains responsible for the oversight and management of the Plans and the urban renewal area, including but not limited to the financial health of Agency, designation of projects, property acquisition and disposition decisions, management decisions affecting the financial status of the URA, URA indebtedness threshold, capacity and issuance, Plan amendments; and budgeting. Agency shall coordinate with the City as necessary to ensure proper oversight and management of Agency activities. 3.2 Agency shall pay when due any reimbursement due and owing to City. {00505496;2} 3.3 The Executive Director and Agency Board retain the authority to determine that one or more services shall be provided directly by Agency or by third-parties other than City, to retain Agency staff and otherwise manage the affairs of Agency. Article 4. Loans and Advances. If requested by either Party, the other Party may, from time to time, advance funds to the requesting Party as permitted by law. Any such advance of funds and the purpose thereof shall be evidenced in writing in the form of a loan or other appropriate legal instrument, which shall not be valid until approved by the City Council and Agency Board unless authorized as part of the annual City and Agency budget process. Unless agreed otherwise by the Parties in the loan documents: 4.1. Interest on loans or advances from City to Agency shall accrue at the average rate earned on other funds invested by City and be calculated using the methodology used by City in allocating investment earnings to its various funds. Unless prepaid or otherwise provided in the loan agreement, each loan shall be repaid in ten substantially equal annual installments of principal on or before the 30th day of June of each fiscal year, with the first principal payment due on or before the 30th day of June in the fiscal year after the fiscal year in which the loan is made. Interest shall be paid annually on or before the 30th day of June of each fiscal year, commencing no later than the second fiscal year after the fiscal year in which the loan is made. 4.2 Agency pledges tax increment revenues for payment, subordinate to any bonded indebtedness that Agency is obligated to pay to third parties. 4.3 Loans made as part of the City and Agency annual budget process do not require further approval by the City or Agency. The amount of interest and loan duration on such loans shall be as provided in Section 4.1 unless the City Manager/ Executive Director of the TCDA determines that other terms and conditions are more appropriate. Article 5: Indemnification. Within the limits of the Oregon Tort Claims Act, each Party agrees to save and hold harmless and defend the other against all claims, suits, or actions whatsoever which arise out of the or result from the negligent or intentional acts of the party's officials, employees and agents under this Agreement. Article 6: Insurance. Each Party shall maintain in force, at its own expense, worker compensation insurance for all covered workers of that party in compliance with Oregon law, and general liability insurance in amounts not less than the limits of the Oregon Tort Claims Act as it may be amended from time to time. Article 7: Modification. This Agreement may be amended only by mutual Agreement of the Parties in writing. Article 8: Waiver. No provision of this Agreement may be waived except in writing by the party granting a waiver of compliance with this Agreement. A waiver shall not constitute a waiver of any other provision nor shall any one waiver constitute a continuing waiver. Failure to enforce any provision of this Agreement shall not operate as a waiver of such provision of any other provision. {00505496;2} Article 9: Severability. If any term or provision of the Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. Article 10: Entire Agreement. This Agreement sets forth the entire understanding between the Parties with respect to the subject matter of this Agreement, and supersedes any and all prior understandings and agreements, whether written or oral, between the Parties with respect to such subject matter. Article 11: Non-Agency Relationship. Nothing in this Agreement is to be interpreted as creating or constituting an agency relationship between the parties. Each Party remains separate and neither assumes the debts, obligations or liability of the other by entering into this Agreement. Each Party is solely responsible for carrying out its duties and functions in accordance with all applicable laws and regulations. IN WITNESS WHEREOF, the execution of which having been first duly authorized according to law. City of Tigard Date Town Center Development Agency Date {00505496;2} City of Tigard Intergovernmental Agreement to Make Loans Between the City of Tigard and the Tigard City Center Development Agency This Intergovernmental Agreement is dated as of ne_ .2007 and is entered into by and between the Tigard City Center)evelopment Agency, Oregon, and the City of Tigard,Oregon. The parties hereby agree as follows: 1. Definitions Unless the context clearly requires otherwise, the following capitalized terms used in this agreement shall have the following meanings: "Agency"means the Tigard City Center Development Agency, an urban renewal agency created pursuant to Oregon Revised Statutes Chapter 457. "Agreement"means this Intergovernmental Agreement. "City" means the City of Tigard,Washington County, Oregon. "Plan" means the Tigard City Center Urban Renewal Plan adopted by the Tigard City Council on December 13, 2005. "Tax Increment Revenues"means all revenues which the Agency collects under the provisions of Article IX,Section 1c of the Oregon Constitution and ORS Chapter 457 from the urban renewal area described in the Plan. 2. Recitals 2.1 Tax Increment Revenues are limited to the retirement of debt, as defined in Oregon Revised Statutes Chapter 457. 2.2 In order for the Agency to complete the projects described in the Plan it must secure adequate funding resources. 2.3 The City is'willing and able to provide loans to the Agency for this purpose. 2.4 This Agreement constitutes indebtedness of the Agency within the meaning of ORS 457.450 because it obligates the Agency to pay Tax Increment Revenues to the City to carry out the Plan. 3. Loans and Terms The City hereby agrees to loan funds to the Agency from time to time as required by the Agency to carry out the Plan. Loans shall be made from surplus funds the City has determined are unneeded for operating and capital expenses in the foreseeable future. Interest shall accrue on all loaned amounts at the same average rate as that earned on other funds invested by the City and shall be calculated using the same methodology employed by the City in allocating investment earnings to its various funds. 4. Repayment of Loans The Agency hereby agrees to repay the principal and accrued interest on all loan amounts provided under this agreement, but solely from the Tax Increment Revenues. Unless prepaid, the principal amount of each loan shall be repaid in ten substantially equal,annual installments of principal on the 30`h day of June of each fiscal year,with the first principal payment due on the 30`h day of June in the tenth fiscal year after the fiscal year in which the loan is made. Interest shall be paid annually on the 30`h day of June of each Fiscal Year, commencing no later than the second fiscal year after the fiscal year in which the loan is made. 5. Use of Loan Funds The Agency shall use the amounts loaned to pay for costs of urban renewal projects described in the Plan. 6. Subordination The Agency hereby pledges the Tax Increment Revenues to pay the loans made by the City under this agreement. The pledge of the Tax Increment Revenues that secures these loans is subordinate to any bonded indebtedness that the Agency is obligated to pay to persons other than the City. 7. Miscellaneous 7.1 Binding Effect This Agreement shall inure to the benefit of and shall be binding upon the Agency and the City and their respective successors and assigns. 7.2 Severability In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions hereof. 7.3 Amendments This Agreement may be amended only by a writing signed by both parties. 7.4 Applicable Law This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. Any action regarding this Agreement or the •i transactions contemplated hereby shall be brought in an appropriate court of the State of Oregon in Washington County, Oregon. City of Tigard: / r r� Cram. Dirksen Mayor—City of Tigard The Tigard City Center Development Agency (CCDA): raig Porsser Executive Director- CCDA AIS-3377 7. Business Meeting Meeting Date: 01/09/2018 Length (in minutes):5 Minutes Agenda Title: TCDA Board Consideration of Intergovernmental Agreement between TCDA and City Submitted By: Sean Farrelly,Community Development Item Type: Motion Requested Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE Shall the Town Center Development Agency (TCDA) Board authorize the Executive Director to sign an intergovernmental agreement (IGA) between the TCDA and the City of Tigard for the provision of administrative and development services and loan terms between the entities? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends TCDA Board authorize the Executive Director to sign the IGA. KEY FACTS AND INFORMATION SUMMARY The proposed intergovernmental agreement(IGA) between the City of Tigard and its urban renewal agency, the Town Center Development Agency (TCDA),requires separate actions by the City Council and the Board of the TCDA. The details of the IGA are described in the Agenda Item Summary for the Council action considered tonight. The Board of the TCDA action would authorize the Executive Director of the TCDA to sign the IGA. OTHER ALTERNATIVES The Board could propose changes or not authorize the IGA execution. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Tigard City Council Goals 2017-19 3. Make Downtown Tigard a Place Where People Want to Be. 5. Implement Tigard Triangle Strategic Plan. City Center Urban Renewal Plan Tigard Triangle Urban Renewal Plan DATES OF PREVIOUS COUNCIL CONSIDERATION December 5,2017- first consideration Attachments Proposed IGA AgendaQuick©2005-2018 Destiny Software Inc.,All Rights Reserved INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF ADMINISTRATIVE AND DEVELOPMENT SERVICES THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") entered into between the City of Tigard, an Oregon municipal corporation ("City"), and the Town Center Development Agency, an ORS chapter 457 public body ("Agency"), collectively the "Parties." RECITALS 1. Agency was duly activated as provided by law and pursuant to Tigard Municipal Code Chapter 2.64. The City Center Urban Renewal Plan was approved by City voters in 2006. In 2016, the Tigard City Council approved the Tigard Triangle Urban Renewal Plan. In 2017 the voters approved a substantial amendment expanding the Agency boundary and approved implementing the Tigard Triangle Urban Renewal Plan ("Plans"). 2. City has experience in providing administrative and development services for local governmental activities and desires, pursuant to ORS 190.010, et. seq. and ORS 457.320, to provide all services necessary and proper to assist and support Agency in carrying out its duties and responsibilities related to administering and implementing the Plans and future plans. 3. The Parties desire to have the City provide such services. This Agreement is intended to clarify the relationship between the Parties with respect to administrative services provided by the City to the Agency and various other issues related to their relationship as separate legal entities working towards common goals. The Parties agree that this Agreement may be revised or replaced in the future to reflect the evolving relationship of the parties, including the option of Agency reimbursing City for some or all of these services or providing certain services by other means. NOW, THEREFORE, THE PARTIES AGREE: Article 1: Term and Termination. This Agreement takes effect on the date last executed and continues in full force and effect until terminated by either Party providing not less than 30 days' written notice to the other Party. Article 2: City Services 2.1. City shall provide administrative and development services to Agency on an on-going as-needed basis. These may include but are not limited to: staff support for public meetings including preparing meeting notices, agendas, minutes and mailings; maintaining an Agency presence on the City's Internet site and other electronic media platforms; staff support of the Town Center Advisory Commission, record keeping; budget preparation, accounting, and financial reporting; public contracting and administration; payment of Agency obligations from Agency funds, real estate procurement and property management; project development, engineering and {00505496:2} management; administration and implementation of the Plans, and economic development services; and other duties and functions as may from time to time be required by the Agency. City shall provide such services in compliance with the laws of the State of Oregon, and in accordance with the Plans and this Agreement. City may contract with third-parties for provision of services. 2.2 City shall provide work space, equipment, supplies and such other items as City determines are necessary and appropriate to provide services to Agency. 2.3 In providing services under this Agreement, City shall comply with the Agency Plans and with any Agency policies and procedures. Unless agreed otherwise by the Parties, City policies and procedures shall apply in the absence of comparable Agency policies and procedures. 2.4 The City Manager shall serve as the executive director of Agency and may designate or appoint such other City employees to represent Agency and perform services for Agency as the City Manager deems appropriate and in accordance with City and Agency policies and procedures. 2.5 The City Attorney shall serve as general counsel for Agency unless agreed otherwise by the Parties. City or Agency may retain specialized counsel, such as bond counsel, as needed. 2.6 City shall segregate all Agency funds into one or more Agency funds in the City's accounting structure and shall be responsible for maintaining that segregation. City shall make debt service payments from Agency funds on behalf of Agency as such payments come due. City shall contract for or perform Agency annual audits as provided by law. 2.7 Personnel assigned by City to provide services under this IGA are employees of City only and City has final and exclusive authority over decisions to hire, terminate and discipline such employees. City is solely responsible for payment of salaries, benefits, taxes, workers compensation and all other employer obligations, subject only to any obligation of the Agency to reimburse City. Article 3. Agency Obligations. 3.1 Notwithstanding the services provided by City, Agency remains responsible for the oversight and management of the Plans and the urban renewal area, including but not limited to the financial health of Agency, designation of projects, property acquisition and disposition decisions, management decisions affecting the financial status of the URA, URA indebtedness threshold, capacity and issuance, Plan amendments; and budgeting. Agency shall coordinate with the City as necessary to ensure proper oversight and management of Agency activities. 3.2 Agency shall pay when due any reimbursement due and owing to City. {00505496;2} 3.3 The Executive Director and Agency Board retain the authority to determine that one or more services shall be provided directly by Agency or by third-parties other than City, to retain Agency staff and otherwise manage the affairs of Agency. Article 4. Loans and Advances. If requested by either Party, the other Party may, from time to time, advance funds to the requesting Party as permitted by law. Any such advance of funds and the purpose thereof shall be evidenced in writing in the form of a loan or other appropriate legal instrument, which shall not be valid until approved by the City Council and Agency Board unless authorized as part of the annual City and Agency budget process. Unless agreed otherwise by the Parties in the loan documents: 4.1. Interest on loans or advances from City to Agency shall accrue at the average rate earned on other funds invested by City and be calculated using the methodology used by City in allocating investment earnings to its various funds. Unless prepaid or otherwise provided in the loan agreement, each loan shall be repaid in ten substantially equal annual installments of principal on or before the 30th day of June of each fiscal year, with the first principal payment due on or before the 30th day of June in the fiscal year after the fiscal year in which the loan is made. Interest shall be paid annually on or before the 30th day of June of each fiscal year, commencing no later than the second fiscal year after the fiscal year in which the loan is made. 4.2 Agency pledges tax increment revenues for payment, subordinate to any bonded indebtedness that Agency is obligated to pay to third parties. 4.3 Loans made as part of the City and Agency annual budget process do not require further approval by the City or Agency. The amount of interest and loan duration on such loans shall be as provided in Section 4.1 unless the City Manager/ Executive Director of the TCDA determines that other terms and conditions are more appropriate. Article 5: Indemnification. Within the limits of the Oregon Tort Claims Act, each Party agrees to save and hold harmless and defend the other against all claims, suits, or actions whatsoever which arise out of the or result from the negligent or intentional acts of the party's officials, employees and agents under this Agreement. Article 6: Insurance. Each Party shall maintain in force, at its own expense, worker compensation insurance for all covered workers of that party in compliance with Oregon law, and general liability insurance in amounts not less than the limits of the Oregon Tort Claims Act as it may be amended from time to time. Article 7: Modification. This Agreement may be amended only by mutual Agreement of the Parties in writing. Article 8: Waiver. No provision of this Agreement may be waived except in writing by the party granting a waiver of compliance with this Agreement. A waiver shall not constitute a waiver of any other provision nor shall any one waiver constitute a continuing waiver. Failure to enforce any provision of this Agreement shall not operate as a waiver of such provision of any other provision. {00505496;2} Article 9: Severability. If any term or provision of the Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. Article 10: Entire Agreement. This Agreement sets forth the entire understanding between the Parties with respect to the subject matter of this Agreement, and supersedes any and all prior understandings and agreements, whether written or oral, between the Parties with respect to such subject matter. Article 11: Non-Agency Relationship. Nothing in this Agreement is to be interpreted as creating or constituting an agency relationship between the parties. Each Party remains separate and neither assumes the debts, obligations or liability of the other by entering into this Agreement. Each Party is solely responsible for carrying out its duties and functions in accordance with all applicable laws and regulations. IN WITNESS WHEREOF, the execution of which having been first duly authorized according to law. City of Tigard Date Town Center Development Agency Date {00505496;2}